Criminal Liability

Question 1

What are the two essential ingredients for criminal liability?

Answer 1

The accused must have committed an OFFENCE and lack DEFENCE

Question 2

Describe the 2 parts of an offence that must be satisfied to find someone guilty

Answer 2

Actus reus (wrongful act) the conduct of the accused, Mens rea (guilty mind) mental elements

Question 3

Describe some things that would constitute an actus reus

Answer 3

State of affairs (possession)
Omissions (failing to act)
Performing a given action ( conduct crimes)
Causing a given result ( result crimes)

NOT mere thoughts

Question 4

The actus reus element is accompanied by mens rea. Describe this

Answer 4

Some sort of mental state that makes the accused culpable for the offence

I.e not just an attack but and INTENTIONAL attack

Question 5

What is a strict liability offence ?

Answer 5

A statutory offence that requires no mens rea.

Question 6

Describes defences in terms of criminal liability

Answer 6

Criminal liability requires that the accused has no defence. They bear the burden of raising a defence and the prosecution must prove beyond reasonable doubt that they are not entitled to it.