Criminal/Civil Law & Coroners

Question 1

Actus reus & mens rea:

Answer 1

Actus reus: the act of the offence (voluntary, omission, causation)

Mens rea: the mental intention to carry out the offence (intent, recklessness or negligence)

• Must prove both to be guilty

Question 2

Role of the Coroner:

Answer 2

Government official appointed under the Coroners Act 2008 (Vic) to investigate reportable deaths in Victoria

Question 3

What is a reportable death?

Answer 3

• unexpected, unnatural, violent, or to have resulted directly or indirectly from an accident or injury
• occurs during or following a medical procedure and may be related to the medical procedure, and a registered medical practitioner would not have reasonably expected the death
• death of a person placed in custody or care
• death of a person who comes under the Mental Health Act 2014

Question 4

What is a reviewable death?

Answer 4

• The death of a child if they are the second child of their parents to have died.