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Evidence recorded by a camera shows a person committing a crime - HSC - SSCE Legal Studies - Question 12 - 2016 - Paper 1

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Evidence recorded by a camera shows a person committing a crime. At the court hearing, the prosecution does not have to prove the person’s intention to commit the cr... show full transcript

Worked Solution & Example Answer:Evidence recorded by a camera shows a person committing a crime - HSC - SSCE Legal Studies - Question 12 - 2016 - Paper 1

Step 1

For which crime was this person charged?

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Answer

The scenario describes a situation where evidence from a camera shows a crime being committed, and importantly, the prosecution is not required to prove the intention behind the crime. This suggests that the crime charged is one that can be established based solely on the act itself, rather than the intent.

Among the given options:

  • A: Assaulting a stranger - This is typically considered a crime that requires intention, as assault implies a willful act.
  • B: Speeding in a school zone - This is often treated as a strict liability offense, meaning that intention does not need to be proved. If the camera shows the person speeding, they can be charged regardless of intent.
  • C: Stealing money from an employer - Theft generally requires intent, as the act of stealing involves an intention to take someone else's property.
  • D: Planning to break into a neighbour’s house - Planning inherently involves intention, which cannot be established through camera footage.

Thus, the most suitable answer, where intention does not factor into the charge based on evidence alone, is (B) Speeding in a school zone.

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