professional or familial R v Downes (1875) – A father failed to call a doctor for his sick child and instead relied on the power of prayer. It was held that there was a duty to act where there is a close family relationship. He was convicted of manslaughter. R v Evans (2009) – D failed to summon help for the victim who was suffering an overdose. It was held that there was no duty of care between the relationship of the defendant and the victim (half-sister) but there was a duty to act when he created
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Question 1(b) The Latin phrase “actus non facit reum nisi mens sit rea” implies that an act does not make one guilty unless the mind is also. Thus‚ the meaning behind mens rea lies within the mental element of the defendant in a crime. H.L.A. Hart states that “what is crucial is that those whom we punish should have had‚ when they acted‚ the normal capacities‚ physical and mental‚ for doing what the law requires and abstaining form what it forbids‚ and a fair opportunity to exercise these capacities
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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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Factual Summary As per the transcript‚ Coleman works for Software Inc.‚ a Delaware based corporation that sells security equipment to businesses and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in their sales division. During a sales trip to Smalltown‚ Colorado in March 2008‚ Coleman wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall‚ Coleman saw a ring that he
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THE HILLSBOROUGH DISASTER Name: Affiliation: PART 1 Critically discuss the role of defamation law as guardian of the truth‚ focussing on the inaccurate reporting‚ which led to The Sun newspaper publishing a front-page article‚ headlined “The Truth‟ on 19th April 1989. Defamation law safeguards an individual’s rights against a defamatory statement that cause public contempt‚ hatred‚ or ridicule[1]
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murder to manslaughter Crimes Act 1900 (NSW) s 18 – Murder and manslaughter defined (1) (a) the act of the accused caused the death was done or omitted with reckless indifference to human life‚ or with intent to kill or inflict grievous bodily harm upon an attempt to commit‚ or during or immediately after the commission by the accused or some accomplice of him or her‚ punishable by imprisonment for life or 25 years (b) Every other punishable homicide shall be taken to be manslaughter. (2) (a)
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Week 2 Mens Rea The defendant’s mental state. Mens Rea and Actus Reus are necessary for a crime; apart from in strict liability crimes when mens rea is not necessary. Different crimes have different mens rea. Example: murder requires intention to cause death or GBH. Sometimes an offence will have different mens rea for different aspects of the crime. Example: rape needs intention to commit sexual intercourse but only needs recklessness as to whether the victim is consenting
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Blaue 9 R. v. Cribbin 9 R. v. Harbottle 10 Mens Rea 10 Absolute Liability 11 Sault. St. Marie 11 Reference Re: Section 94(2) of the Motor Vehicle Act 12 Strict Liability 12 R. v. Wholesale Travel Group 12 Negligence 13 R. v. Creighton [1993] SCC – p.80 13 R. v.
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Bullock. The defendant’s girlfriend Alicia Lewie‚ and mother to Colbi was charged with both involuntary manslaughter and child endangerment due to Ms. Lewie failing to get the child the medical treatment he so desperately needed. In my opinion‚ Alicia Lewie could undoubtedly be charged with both child endangerment and involuntary manslaughter. Involuntary manslaughter is charged when severe negligence or reckless conduct causes an accidental death to occur. In this case‚ Ms. Lewie was exceptionally
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mind. The definition is specified of every crime before a person can be convicted as a prerequisite for Mens Rea. There are three states of mind which constitute the necessary Mens Rea for a criminal offence. These are intention‚ recklessness and negligence and are described below. [3] Intention Direct intent is the normal situation where the consequences of a person’s actions are desired. Oblique intent comes in the situation where the consequence is known by the defendant as virtually certain‚
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