as an offence, going against the values of society and is an act which is punishable by law with either a fine, imprisonment or whatever punishment fits the nature of the crime. In this report there will be a discussion on the two element on criminal liability which are as followed Mens Rea (guilty mind) and Actus Reus (guilty act). Different components constitute these elements and are used to make up a crime. However there have been cases were the use of mens rea has very minimal effect and actus
Introduction The following analysis shall go in depth into the criminal liability of John in a hypothetical incident which occurring January 2016 in Armidale. John is a divorcee father of two children, namely William and Ned. His children are aged 20 and 14 years old respectively. During the course of a family dinner John commits several crimes in a fit of rage as detailed below which result in the death of his two sons. Summary of Events The hypothetical incident occurred between John, and his two
The Elements of Criminal Liability ACTUS REUS & MENS REA "Actus non facit reum nisi mens sit rea", or "an act does not make a man guilty unless his mind be also guilty (Burgess, 2004, p.8)." In criminal law, for an individual to commit a crime, there must be present two elements. They are: Actus Reus (meaning guilty act or omission); and Mens Rea (meaning guilty mind). Actus Reus is the guilty act or omission in the commissioning of a crime. In short, it is what the offender does
SCENARIO ANALYSIS: A close study at the facts given raises issues of criminal liability. It furthermore suggests that there are issues on causation, omission, gross negligent manslaughter and a list of possible liabilities in criminal law. However, this can only be answered by looking at relevant case law, statute and a list of other academic commentaries. DRIVE: Drive by colliding with Walk a pedestrian has committed an offence by occasioning bodily harm. By creating a dangerous situation, Drive
to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these
approximately $100 worth of food from the store. The defendant 's criminal liability as it applies to the crimes of Burglary, Trespass and Larceny. The defendant was guilty of Trespassing and Burglary. When he entered the store and when he was in the store. He trespassed into a convenience store which, was someone else 's private property. He was guilty on the charge of Burglary because "He broke into a convenience store". Burglary is a criminal offense of breaking and entering of a building illegally.
than common law in the development of civil and criminal liability.” Although this may be true, it is important to explore the evidence to substantiate this point, such as, legislation and precedents which have been set and used in criminal and civil cases. In contrast, through exploring the civil and criminal cases throughout this essay, it can be seen that common law is equally, if not more compelling in the development of civil and criminal liability, and therefore leads to changes in the law.
developing to meet the needs of an ever changing society which needs an unbiased court of Law. Statutes and common law has its own advantages and disadvantages in the development of civil and criminal liability. In this essay I will explore murder, rape and rape in criminal liability and contract and tort in civil liability. Contractual agreements can be analysed by the use of offer and acceptance. A binding contract is created when one party makes an offer and the other party accepts it. An offer is made
'Liability in criminal law normally requires the prosecution to establish that the accused has caused the relevant prohibited consequences or conduct to occur. For instance, in homicide, that the accused has caused the victims death.' Within the English Legal System, the chain of causation is established via numerous principles, which have been recognised by case law, as the problem areas have come before courts. It is clear that when ascertaining whether the defendant
studying criminal behavior and strict liability, exploring the possible causations that may contribute to criminal behavior is important. Examining family backgrounds, genetic make ups and parenting are some factors that influence criminal behavior. Understand the possible risk factors of criminal behavior helps us to better understand why people commit crimes. This paper will attempt to critically analyze two articles on the concept of criminal behavior and law as it pertains to strict liability. Criminal