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28 Pages • Complete Study Notes • Year: Pre-2021
1. The nature of crime The meaning of crime What is crime? • A crime is an act or an omission that results in the harm of society and is punishable by the state and the law • Crimes are prosecuted by the state - not the victim - as crimes are seen to harm society and the state is therefore to be considered the victim too Elements of crime • Two elements of a criminal offence (generally) • Actus Reus: the guilty act • Mens rea: the guilty mind --> Generally, this requires that the act was voluntary, and that it was either fully intended, reckless or criminally negligent. • CONTEMPORANEOUS: Mens Rea must coincide with the actus reus of the offence. These need to be addressed by the prosecution to prove beyond reasonable doubt Criminal law is controversial as changes impact differently on people due to restrictions of rights and freedoms, multiculturalism and different ways of life. E.g. Aboriginal turtle farming allowance due to custom, although it is illegal. CONTROVERSY Whose rights need to be taken into consideration within the criminal system and legal system? • Accused/individual • Victim/s • Society and the community The challenge here is finding the balance Aspects of criminal law: • Investigation • Enforcement • Prosecution • Defence • Trial • Sentencing • Punishment
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