CPC 6.3 Flashcards
What does the term ‘actus rea’ refer to?
The guilty act
What does the term ‘men’s rea’ refer to?
The guilty mind
What are the 2 Latin terms that equal a crime?
Actus reus and Mens rea
s195 Crimes Act 1900 (NSW) relates to?
Destroying or damaging property
What are the 4 elements of s195 of the Crimes Act 1900 (NSW)?
The accused
Intentionally or recklessly
Destroyed or damaged property
Belonging to another (or that person and another)
What does the term ‘doli incapax’ mean?
Essentially ‘incapable of doing wrong’
What do strict liability offences refer to?
Offences where police are not required to prove mens rea (e.g. a speeding offence)
At what age is a person considered NOT criminally liable in NSW?
Under 10 years
What are the two ways in which actus reus can be established?
Negative act and positive act