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2 Pages • Topic Notes • Year Uploaded: 2023
Crime legal studies 1. The nature of crime ● the meaning of crime an action or omission which constititues an offence and is punishable by law by the state and court systems, as highlighted in the crimes act 1900 (nsw) ● elements of crime: actus reus, mens rea actus reus: “guilty act” ● this refers to the physical act of committing a crime. ● it also includes the act of omission, particularly in cases of negligence. ● actus reus is the only element of a crime that needs to be established in a strict liability offence. ● only need to prove that you did the crime. Mens rea: “guilty mind” ● intention or knowledge of wrong doing that constitutes part of a crime ● mental element ● the three main levels of mens rea are: 1. Intention: a clear, willful intention to commit a crime through act or omission. 2. Recklessness: establishes that the accused was aware that their action could lead to a crime being committed, yet they chose to act in that manner anyway. 3. Criminal negligence: the accused failed to foresee the risk at a time when they sho
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