Module 5 crime study notes
1. The nature of crime
· the meaning of crime
crime : an act or omission against the community at large that is punishable by the state .
‘Any conduct which violates the rights of the community at large, punishable by a recognised criminal sanction upon proof of guilt in a criminal proceeding initiated and presented by officers of the crown or its agencies’
· the elements of crime: actus reus, mens rea
Actus reus : a Latin term meaning guilty act; that refers to the physical act of carrying
out a crime
Mens rea : a Latin term meaning ‘guilty mind’, meaning that the accused intended (to some degree) to commit the crime, knowing their actions were wrong
· strict liability offences
Not all offences require the prosecution to prove mens rea. For some offences only the element of actus reus will need to be shown. These offences are known as Strict Liability Offences
A strict liability offence is one where the prosecution only need to prove that the accused carried out the act and is not required to show that the accused intended to commit the crime
· causation
Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage.
#CriminalLaw
#Crime
#EnglishCriminalLaw
#Law
#Crimes
#CanadianCriminalLaw
#CommonLaw
#IndictableOffence
#BailInCanada
#OffencesAgainstThePersonAct
#ScottishCriminalLaw
#SummaryOffence
25 Pages
Complete Study Notes
#CriminalLaw
#Crime
#EnglishCriminalLaw
#Law
#Crimes
#CanadianCriminalLaw
#CommonLaw
#IndictableOffence
#BailInCanada
#OffencesAgainstThePersonAct
#ScottishCriminalLaw
#SummaryOffence
25 Pages
Complete Study Notes
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