strict liability offences are regulatory and are involved in environmental protection laws‚ food‚ health and safety‚ the sale of alcohol and many more. It can be said that strict liability offences can lead to harsh decisions and outcomes because; actus non facit reum nisi mens sit rea‚ which means an act alone cannot constitute guilt without the proof of a guilty mind. This line of argument is laid down in the case of R v Woolmington where it is established that mens rea is fundamental in criminal
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Often there is argument about a person’s intentions when a crime is committed. There are instances when a person causes serious bodily harm to someone without actually meaning to. A person is driving down the freeway heading home from work. The person’s tires on the vehicle blow out and they subsequently have an accident causing the death of another person. The driver of the vehicle did in fact kill someone else which is murder. The intent of the person was definitely not to hurt anyone‚ but the
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Mens rea translates to guilty mind‚ it refers to the mental element of a crime. Mens rea must be proved alongside actus reus for a defendant (D) to be guilty of an offence. This was set out in Woolmington v DPP. Specific intent crimes require proof of a higher level of mens rea (ie intention) because of the moral blameworthiness attached to such crimes‚ whereas‚ basic intent crimes require proof only of recklessness. Intention is the highest form of mens rea and has two types‚ direct and oblique
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Quiz 4 Attempt 1 Top of Form Page 1 of 4 Note: It is recommended that you save your response as you complete each question. Question 1 (3 points) Discovery‚ the information gathering stage of the trial process‚ serves several purposes. Discovery: Question 1 options: reduces the likelihood of perjury. defines and narrows the facts. preserves testimony of witnesses who may not be available for trial. all of the choices listed here are correct because discovery: DOES preserve
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These offences were replaced with offence of fraud and it can be committed in different ways such as‚ fraud by false representation and obtaining services dishonestly. Fraud by false representation is covered under the s2 of the Fraud Act 2006. Actus reus of the offence is that defendant must make false representation and also mens rea contains three parts to it. Defendant must be dishonest‚ or must know or believe the representation to be untrue or misleading and there must be an intention to make
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SEX OFFENSES 2 Abstract Sexual assault is the sexual act in which a person is intimidated or physically forced to involve against their will. The word rape is a word that stems from the Latin word rapere. Rapere means to take away or seize. At common law‚ rape was a capital offense. In the 1970’s there were several changes in the rape statutes. These changes did override the common law approach and increased the possibility of conviction. SEX OFFENSES 2 Law in
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An omission can amount to the Actus Reus of a crime‚ however‚ the general rule regarding omissions is that there is no liability for a failure to act. For example if you see a person drowning you have no obligation to help them. This could be seen as a gap in the law therefore it could
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- MURDER * Murder is under the “Fatal offences against a person- causing homicide” in the Crimes Act (s188‚ punishment (s19A) Physical Element- Before a person may be convicted of murder the Crown must establish the following elements: 1. An Act or Omission 2. Caused by (causation) HAVE TO ESTABLISH ALL
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This question examines the criminal liability of Joe and Luo in the deaths of Karla and Mick. Joe could be charged with gross negligence manslaughter on the death of Karla. He cannot be charged for murder and voluntary manslaughter because he does not meet the mens rea requirements for intention to kill or cause grievous bodily harm. He cannot also be charged for unlawful act manslaughter because he has not committed an act but instead has failed to act. The court has established in the case of
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Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to
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