A mobile detection camera captures a motor vehicle driver illegally using their phone - HSC - SSCE Legal Studies - Question 7 - 2021 - Paper 1
Question 7
A mobile detection camera captures a motor vehicle driver illegally using their phone.
If the matter goes to court, which of the following must be proven?
A. Mens r... show full transcript
Worked Solution & Example Answer:A mobile detection camera captures a motor vehicle driver illegally using their phone - HSC - SSCE Legal Studies - Question 7 - 2021 - Paper 1
Step 1
A. Mens rea
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Answer
Mens rea refers to the mental state or intent of the individual when committing an offense. In this context, it may not be sufficient alone to prove guilt.
Step 2
B. Actus reus
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Answer
Actus reus is the physical act of committing the offense. In this case, the act of using a phone while driving constitutes the actus reus.
Step 3
C. Mens rea and causation
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While mens rea and causation are important, they do not encompass all necessary elements for proving the offense.
Step 4
D. Actus reus, causation and mens rea
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Answer
To establish a legal case in court, it is necessary to prove the actus reus (the act of using the phone), mens rea (the intent to commit the offense), and causation (the link between the act and the offense typically affecting driving ability). Hence, all three components must be proven.
