EXAM Principles Of Criminal Liability

Question 1

What is burden of proof? Include strict liability crimes

Answer 1

Prosecution has the burden of proving that the accused is guilty.

Strict liability crimes is no necessity to prove guilty mind for a person to be found guilty.. Eg - serving liquor to under age

Question 2

What is standard of proof?

Answer 2

Prosecution must prove that alleged offender is guilty of a crime beyond reasonable doubt

Question 3

What is presumption of innocence?

Answer 3

Person is presumed to be innocent until her or she is proven to be guilty

Question 4

What is age of criminal responsibility?

Answer 4

It is presumed that a child under the age of 10 years cannot form the intention to commit a crime

Question 5

What is participants in a crime? And accessory to a crime

Answer 5

It’s an offence to:

• encourage a person to commit a crime
• assist a person committing a crime
• knowingly conceal information about the crime

Accessory to crime is any person who knowingly obstructs the apprehension or prosecution of the main offender