2. nature of crime

Question 1

define crime

Answer 1

act or omission against the community at large that is punishable by the state.

Question 2

what is criminal law

Answer 2

area of law dealing with crime.
- protects society from crimes against person, state or property.

Question 3

what are the elements of crime

Answer 3

1. actus rea
2. mens rea

Question 4

what is actus rea

Answer 4

‘guilty act’ - physical act of carrying out the crime.

• Prosecution must prove that accused carried out act required for crime.
  -physical evidence and witness testimony help prove.
• Must be voluntary act - can include failure to act (negligence)

Question 5

what is mens rea

Answer 5

Mens rea - ‘guilty mind’ - mental state of the accused.

• Prosecution must prove the accused intended to commit the crime.
• Defendant knew what makes the action criminal.
• Conscious and willing mind when performing crime.

Question 6

what are the levels of mens rea

Answer 6

1. intention
2. recklessness
3. criminal negligence

Question 7

what is the intention level of mens rea

Answer 7

• clean malicious intention to commit crime
  - most difficult to prove.

Question 8

what is the recklessness level of mens rea

Answer 8

• Accused aware of actions leading to crime but took the risk anyway.
  - Prosecution prove that risk was obvious and accused fifnt care about consequences.

Question 9

what is the criminal negligence level of mens rea

Answer 9

• Accused fails to forsee risk and allows avoidable danger to occur, resulting in harm.
  - Higher standard to prove than negligence in civil law.
  - EXAMPLE - R v Thomas Sam

Question 10

what is a strict liability offence

Answer 10

offence where the mens rea does not need to be proved, only the actus rea needs to be proved.

• prosecution only needs to prove the act occurs and not the intention.

    - traffic offences.
    - Selling alcohol/cigarettest to minors

Question 11

what level of proof is required in strict liability offences and what does it cause

Answer 11

• Lower level of proof = lessen accused rights in criminal process.

Question 12

what is the advantages of strict liability offences

Answer 12

Applied due to adminstrative advantages - assist with volume of minor offences.

Question 13

what is causation

Answer 13

link between behaviour of accused and the result.
- Proseuction proving sufficient link between act and crime.
- Relevant to proving actus reus.