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Crime and principles of criminal liability
- Burden of proof
- In criminal proceedings the
prosecution has the burden of
proving that the accused is guilty
(also known as the onus of
proof).
- Strict liability crimes
- It is not necessary to prove
that the offender was of a
guilty mind prior to committing
the crime for them to be found
guilty of committing it.
- For example a traffic
offence or selling liquor to
people under age.
- For example a traffic
offence or selling liquor to
people under age.
- Standard of proof
- This is where the prosecution
must prove that the offender is
guilty of the crime beyond
reasonable doubt.
- This is where the prosecution
must prove that the offender is
guilty of the crime beyond
reasonable doubt.
- It is not necessary to prove
that the offender was of a
guilty mind prior to committing
the crime for them to be found
guilty of committing it.
- Presumption of innocence
- A person is presumed to be
innocent until he or she is proved
to be guilty.
- Age of criminal responsibility
- It is presumed that a child under the
age of 10 years cannot form the
intention to commit a crime. A child less
than 10 years cannot, therefore, be
charged with committing a crime.
- It is presumed that a child under the
age of 10 years cannot form the
intention to commit a crime. A child less
than 10 years cannot, therefore, be
charged with committing a crime.
- A person is presumed to be
innocent until he or she is proved
to be guilty.
- In criminal proceedings the
prosecution has the burden of
proving that the accused is guilty
(also known as the onus of
proof).
- Crime
- Crime can be defined as an
act or omission that is
against an existing law,
harmful to an individual or
society as a whole and
punishable by law.
- Actus Reus
- Guilty act
- Mens rea
- Guilty mind
- Guilty mind
- Guilty act
- Crime can be defined as an
act or omission that is
against an existing law,
harmful to an individual or
society as a whole and
punishable by law.
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