the following matters: a) The essential legal elements involved in a financial crime and the effect of their presence or absence in such crime. A person cannot usually be found guilty of a criminal offence unless two elements are present: an actus reus‚ Latin for guilty act; and mens rea‚ Latin for guilty mind. Both these terms actually refer to more than just moral guilt‚ and each has a very specific meaning‚ which varies according to the crime‚ but the important thing to remember is that to
Premium Criminal law
2014/10/3 Criminal Law Hanif Mughal (麥 嘉 豪 ) Adjunct Associate Professor ( 兼任教授) Barrister-at-law ( 大律師 ) DLS 2 BRIEF - Lecture 2 (A) Principles of Criminal Liability Chapters 2 and 4 of the Workbook and some additional information 2 Mens Rea consists of : 1. 2. 3. Intention Recklessness Gross Negligence The crime will specify the kind of mens rea required. 3 1 2014/10/3 (i) Intention How does the prosecution prove intention? There can be: (i) Direct proof; or (ii) Indirect proof.
Premium Criminal law
respect of the first attack on father and also Assault Occasioning Actual Bodily Harm contrary to Common Law and punishable under s. 39 of that Ordinance.‚ in respect of the second attack. Discuss the 8-part test in respect of each offence: 1) actus reus; 2) mens rea; 3) Co-existence of 1) and 2) 4) Voluntary acts 5) Factual Causation 6) Legal Causation 7) Any novus causus interveniens 8) Absence of a lawful defence The Two Offences s. 17 Cap. 212 Any person who-
Premium Criminal law
Common Assault (Technical Assault) This is a common law offence. Actus Reus- D causes V to apprehend immediate physical violence. (fear must be there and then R v Lamb) R v Fagan Events are viewed from V’s prospective‚ not the reasonable person’s. Smith v Chief supt woking police (1983) Assault may be committed by words alone. R v Burstow‚ R v Ireland. Mens Rea- Intention to cause V to apprehendd immediate harm or recklessness as to whether V may apprehend immediate harm. R v Savage ‚ R v Paramenter
Premium Criminal law Theft
liability. There are some crimes that only involve a subset of all the principles of liability‚ and these are called "crimes of criminal conduct". Burglary‚ for example‚ is such a crime because all you need to prove beyond a reasonable doubt is an actus reus concurring with a mens rea. There are crimes that involve all the
Premium Criminal law
Conclusion: The death of the employee would meet the criteria for involuntary manslaughter based on the facts and analysis. Dr. McCoy intended to burn down the warehouse (requisite mens rea) and committed the act that killed the employee (requisite actus reus) even though that was not his intention. c. Issue: Does the fact that Dr. McCoy intentionally struck Mr. Sulu in the jaw show sufficient evidence to constitute a charge of battery? Rule: Battery‚ a violent crime‚ constitutes
Premium Cancer Oncology Medicine
A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
Premium Supreme Court of the United States United States United States Constitution
Punishing the morally innocent is something our justice system usually refrains from doing. In order to be considered criminally responsible for a crime‚ mens rea and actus reus must coincide at a specific point in time. In the case of R v. A.D.H‚ the accused was charged with unlawfully abandoning a child under the age of ten years‚ in accordance with section 218 of the Criminal Code. I agree with the decision to acquit the accused‚ as the Crown failed to prove the mens rea beyond a reasonable doubt
Premium Criminal law Appeal Supreme Court of the United States
categories of criminal law violations are misdemeanors‚ felonies‚ infractions‚ inchoate‚ treason and espionage. Some are more serious than others‚ but they all have consequences even if they are small. There are eight general features of crime‚ which are "Actus Rea"‚ "Mens Rea"‚ "concurrence"‚ "causation"‚ "harm"‚ "legality"‚ “punishment"‚ and "necessary attendant circumstances." What do they mean? That’s a good question that will be answered soon. How many conjoined elements are there that affect the legal
Premium Criminal law Law Crime