Crime and principles of criminal liability

Descrição

Quick mind map for Legal Studies Unit 1. Part of a question I was asked to answer at school
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Mapa Mental por KateP, atualizado more than 1 year ago
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Resumo de Recurso

Crime and principles of criminal liability
  1. Burden of proof
    1. In criminal proceedings the prosecution has the burden of proving that the accused is guilty (also known as the onus of proof).
      1. Strict liability crimes
        1. 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.
          1. For example a traffic offence or selling liquor to people under age.
          2. Standard of proof
            1. This is where the prosecution must prove that the offender is guilty of the crime beyond reasonable doubt.
          3. Presumption of innocence
            1. A person is presumed to be innocent until he or she is proved to be guilty.
              1. Age of criminal responsibility
                1. 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.
            2. Crime
              1. 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.
                1. Actus Reus
                  1. Guilty act
                    1. Mens rea
                      1. Guilty mind

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