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Full Crime and Human Rights Notes for HSC Legal Studies
Legal Studies
1 Found helpful • 79 Pages • Complete Study Notes • Year: Pre-2021
HSC mark = band 6 full length, band 6 crime and human rights notes. The Meaning of Crime • Crime = an act or omission of duty resulting in harm to society that is punishable by state The Elements of Crime • Mens Rea = guilty mind, guilty intent, knowledge • Actus Reus = guilty act, physical component of crime • Both must be established by the prosecution in order to secure a conviction • DPP v Morgan (1975) UK o Morgan told his 3 friends that his wife's resistance to intercourse was to be interpreted as consent o Mens rea was not proved as the 3 men claimed they did not have the intent to rape • Baeden-Clay (2012) o Mens rea was hard to prove as the jury was unsure if he had the intent to murder his wife Strict Liability Offences (regulatory offence) • Strict Liability Offence = an offence in which mens rea does not need to be proven (you are responsible for your actions regardless of intent) • Traffic Offences • Selling alcohol to underage • Advantages: o Onerous of court to prove mens rea in every offence ---> would create an unnecessary burden and exhaust court system o Deterrent (as a prevention measure) o Enforces social behavior/expectation where minimal stigma is placed on the person o Offence wont harm person's reputation
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