Nature Of Crime Flashcards
What is mens rea?
The mental intent to do the crime
What are the 3 types of mens rea?
Intention
Negligence
Recklessness
What is the Actus Reus
Proving that the accused is guilty by acting voluntarily
What is causation?
Proving beyond reasonable doubt that there is a direct link between the act and the crime
Definition
An act or failure to act that causes injury or damage to people or property that is punishable by the state
Examples of: Crimes against the person
- Homicide
- Sexual Assault
Examples of: Public order offences
- Offensive Conduct
- Restricting Arrest
- Riot
Examples of: Economic offences
- White collar crimes (embezzlement, fraud, tax invasion)
- Property Offence
- Computer Crime
Examples of: Preliminary Crimes
- Attempts
- Conspiracy
Examples of: Offences against the sovereign
- Treason
- Sedition
Examples of: Regulatory offences
- Transport Offences (travelling ticketless)
Examples of: Driving offences
- Speeding
- Drink Driving
- Negligent Driving
What is the difference between larceny and robbery?
Larceny is when property is taken without consent. Robbery is when force is used to steal, which can cause a threat to the victim.
What is affray?
Using or threatening to use unlawful violence on another, which could cause one to fear for their safety
What is the difference between voluntary, involuntary and constructive manslaughter?
Voluntary is when there are mitigating circumstances. Involuntary is when the accused acted in reckless or negligent manner. Constructive is when killing occurred when another crime was being committed
