Explain the term “intention” as the mens rea of a crime using decided cases to support your explanation. The Latin word mens rea‚ when translated means ‘guilty mind’ is defined in the Black’s Law Dictionary as “the state of mind that the prosecution‚ to secure a conviction‚ must prove that a defendant had when committing a crime.” Intention is ‘the purpose or design with which an act is done. It is the foreknowledge of the act‚ coupled with the desire of it‚ such foreknowledge and desire
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could be charged with a number of non fatal offences ranging from the lowest non fatal offences which are common assault and battery under the Criminal Justice Act 1988‚ to the higher offences assault causing actual bodily harm and grievous bodily harm under the Offence Against the Person Act (1861). In order for the attacker to be charged within the criminal courts‚ the prosecution must prove the crime is ’beyond reasonable doubt ’ (Charman‚ 2010: 211). The jury must be certain the accused is responsible
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Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments. According to William Geldart‚ Introduction to English Law 146 (D.C.M. Yardley ed.‚ 9th ed. 1984)‚ "The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only
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LS160-Criminal Law and Procedure BIBLIOGRAPHY A Articles/Books/Reports Hayes‚ Robert & Eburn‚ Michael‚ Criminal Law and Procedure in NSW Chesterman‚ Michael‚ Criminal Trial Juries in Australia Crimes Act 1900‚ NSW Criminal Procedure Act Legislative Council Select Committee on the partial defence of provocation – Inquiry into the partial defence of provocation‚ July 2012 B Websites www.judcom.nsw.gov.au/publications www.hcourt.gov.au www.parliament.nsw.gov.au www.lawlink.nsw.gov
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This essay will critically discuss the effect of the [courts’] overbroad view in reading of the element of appropriation which led to the offence of theft being interpreted as an extraordinarily wide one. Since the introduction of the Theft Act 1968 there has been inconsistency in the interpretation of appropriation as courts and commentators have grappled with the intuition that appropriation must entail some subjective element and cannot be purely objective. With the aim of moving
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Running head: Compare and Contrast Civil with Criminal injuries Compare and Contrast Civil with Criminal injuries Nora Kelgin October 19‚ 2013 Tort Actions A tort actions is a form of civil law‚ which are intentional tort‚ torts of negligence‚ and strict liability torts‚ the vast majority of legal issues in the United State involve this‚ such as divorce‚ child custody‚ child support‚ domestic dispute‚ consumer problems‚ defamation‚ and injuries due to a person
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Criminal Law Foundations Evaluations University of Phoenix CJA/484 January 8‚ 2013 Introduction The United States Constitution was created to establish the new government after the colonies and early settlers broke free from the reign of England. This document established the foundation of the federal government that still stands today. The Constitution is focused on providing both liberty and prosperity to citizens of the new state (U.S. Const. pmbl.‚ 1787). In an effort to avoid
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various cases that need to be considered to assess a crime along with a thorough explanation of corporate liability. Elements of Crime When proving that the defendant is guilty‚ there are two elements of law which are Actus Rea and Mens Rea. Actus Rea (a/r) Actus Rea is the physical element of a crime which is basically what the defendant has done and not done. Actus Rea can be: Voluntary act A failure to act A state of affairs An act (Voluntary
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Week 5 Individual Work Diane Emler Everest University Online CJL 3215-6 Concepts of Criminal Law William Elfo August 17‚ 2013 The Choice of Evil Defense is also called the General Defense of Necessity. This defense justifies an act that may be a crime but is done to prevent a greater evil. “the choice of evil’s defense consists of proving that the defendant made the right choice‚ the only choice—namely‚ the necessity of choosing now to do a lesser evil to avoid a greater evil” (Samaha‚ 2014). The
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Criminal Law notes 1.Voluntary act: Status offences – no conduct is required but the crime is committed when a certain state of affair exists or the defendant is in a certain condition or is of a particular status. R v Larsonneur (1933) – Appellant was brought involuntarily back to the UK where she was charged on being an ‘alien’. LCJ Hewart claimed the ‘circumstances are perfectly immaterial’ Winzar v Chief constable of Kent (1983) – drunk on a public highway. LJ Robert Goff claimed ‘it is enough
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