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
In criminal law, 'mens rea' refers to the mental state of the defendant at the time of the offense, establishing intention or knowledge of wrongdoing.
Step 2
B. Actus reus
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Actus reus is the physical act of committing a crime. It must be established that the defendant engaged in the prohibited conduct.
Step 3
C. Mens rea and causation
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Proving both mens rea and causation shows that not only did the defendant intend to commit the act, but their actions also resulted in the unlawful outcome.
Step 4
D. Actus reus, causation and mens rea
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Answer
For a conviction, it is essential to prove actus reus (the act), mens rea (the intention), and causation (the link between the act and the outcome). However, in this case, the primary requirement is to demonstrate actus reus.
