CRIM2020 Lecture Notes - Lecture 8: Actus Reus, Defense Of Infancy, Legal Personality
Week 8: Actus Reus Components
You cant be guilty of a crime unless it is voluntary
General Concepts and Principles
• Actus Reus (forbidden act) and Mens Rea (forbidden mental state)
o All common law offences must have both
• The 'Golden Thread' Principle
o Burden proof is on the prosecution to prove every element of the offence
o If not beyond reasonable doubt then you remain innocent
• Presumption of innocence
• Right to silence
• Threshold Q
o Is criminal law based a clear set general principles
Legal v Moral Judgements
1. Why is mercy killing still Murder
You still killed someone and there is no defence. Compassion is irrelevant
2. Sometimes the broader social context is taken into an extreme provocation;
necessity, self defence
• Necessity is not for murder
Constituting Legal Parenthood
• Which people have capacity to commit a criminal offences?
• Categories of legal parenthood
o Adults
• Presumed mental capacity
o Children
• <7 (common law)
• <10 (doli incapax)
• 10 to <14 presumed incapable
• 14-<18 = capacity
• C (A Minor) v DPP (1995)
• CRH (1996) NSWCCA
• Historical shift in legal personhood
o Corporations
• Separate legal entity
• How do you charge a corporation?
o Animals?
• Animals can be put on trials
Actus Reus and Mens Rea
• 2 core elements of any criminal offence
o Actus reus is the 'physical element'
• The act causing the death
o Mens rea or 'fault element'
• Doctrine of Dualism
o Human bodies consist of two distinct elements: physical body and physical mind
• Basic legal steps
o Did A perform the actus reus
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