Key Concepts Of A Crime

Question 1

Mens rea

Answer 1

Mental aspect of a crime : committed the wrongful act with intention

Question 2

Actus reus

Answer 2

Physical element of a crime: prosecution must prove the person physically did the wrongful act

Question 3

What are the elements of a crime

Answer 3

Actus reus and mens rea

Question 4

Strict liability

Answer 4

Culpability and responsibility can be proved without men’s rea

Question 5

Age of criminal responsibility:

Can a child < 10 be charged

Answer 5

No they can’t be charged because they don’t know what’s morally right or wrong

Question 6

Age of criminal responsibility:

Can a child 10-13 be charged with a crime

Answer 6

Yes a child can be charged with a crime only if the prosecution can prove the child knew what they were doing was morally right or wrong rebutting doli incapax

Question 7

Age of criminal responsibility:

Can a child over the age of 14 be charged for a crime

Answer 7

Yes a person over the age of 14 is considered criminally liable for their actions and can be charged with committing a crime

Question 8

What is doli incapax

Answer 8

Child 10-13 is incapable of forming mens rea because they don’t know what’s morally right or wrong rebutting

Question 9

Burden of proof

Answer 9

Prosecution must provide evidence to prove guilt of the accused rather than the accused proving their innocence

Question 10

Standard of proof

Answer 10

The strength of evidence . In criminal law the prosecution must provide evidence beyond reasonable doubt