The Nature of Crime and Elements of Crime (HSC SSCE Legal Studies): Flashcards
📚Flashcards
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Practise the cards
10 cards from this deck
Crime definition
Crime definition
Wrongful act harming society, punishable by state
Actus reus
Actus reus
The guilty act - physical commission of crime
Mens rea
Mens rea
The guilty mind - mental state/intention of accused
Criminal standard of proof
Criminal standard of proof
Beyond reasonable doubt
Strict liability offences
Strict liability offences
Require only actus reus proof, not mens rea
Causation
Causation
Accused's actions substantially caused the criminal result
Highest mens rea level
Highest mens rea level
Intention - deliberate, wilful purpose to commit crime
Intermediate mens rea level
Intermediate mens rea level
Recklessness - aware of risk but proceeding anyway
Lowest mens rea level
Lowest mens rea level
Criminal negligence - failure to foresee foreseeable risk
Criminal case prosecutor
Criminal case prosecutor
The Crown/State on behalf of society