U1 AOS2 - Purposes of Criminal Law and Elements of a Crime

Question 1

Purposes of criminal law

Answer 1

• Protect individuals from physical, psychological, and economic harm
  
  • e.g. criminalising actions like assault, threatening behavior, and wage theft
• Protect society by defining prohibited behaviours and outlining sanctions to deter people from illegal conduct
  
  • e.g. criminalising drug use/trafficking
• Protect property from harm
  
  • e.g. criminalising theft of possessions and environmental destruction
• Protect justice by providing proper processes to enforce law and penalise offenders
  
  • e.g. preventing ‘eye for an eye’ justice, proportionate sanctions and upholding the rule of law

Question 2

What is a crime?

Answer 2

An act or omission that violates existing law, causes harm to another individual or society and is punishable by law

Question 3

Elements of a crime

Answer 3

• Actus reus (the guilty (wrongful) act) - the physical act of committing a crime
  
  • the prosecution must prove that the accused physically committed the act or omission
• Mens rea (the guilty mind) - the mental element of the crime
  
  • the prosecution must prove that the accused knowingly, intentionally, negligently, or recklessly committed the act or omission