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Frage | Antworten |
actus reus | the guilty act; the accused committed the crime |
mens rea | the guilty mind; the accused intended to commit the crime |
causation | there is a sufficient causal link between the actions of the accused and the result of the crime |
mens rea: intention | a clear, malicious intent to commit the crime |
mens rea: recklessness | the accused was aware that their actions could lead to a crime being committed but chose to take the risk anyway |
mens rea: criminal negligience | the accused failed to foresee the risk and therefore allowed a crime to take place |
in which offences does mens rea not need to be proven? | strict liability offences |
what are some examples of strict liability offences? | driving offences (eg. speeding, drunk driving), and breaches of regulations (eg. making a fire whilst a fire ban's in place |
R v Munter [2009] NSW | Todd Munter punched Ken Proctor over a dispute, and Proctor later died of a heart attack as a result of injuries inflicted. Although Munter did not intend to kill Proctor, he was charged with manslaughter as there was a sufficient causal link between the assault and Proctor's death. |
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