NUR5011 Lecture Notes - Lecture 9: Crimes Act 1958, Vicarious Liability, Suspended Sentence
3 Jun 2020
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Indictable offences are serious and affect professional registration. Tort law reparation which can"t be settled by individuals so go to civil court. 3 types of criminal offences: summary (or simple) offences, minor indictable offences, major indictable offences. Custodial sentences: imposing a sentence or suspended sentence involving imprisonment: ordering the guilty party to home detention; Elements of a crime: actus reus guilty act, actually did it, was crime a direct consequence of action (causation, voluntary, can be by omission, causation, mens rea guilty mind. Strict liability offences are summary (less serious) offences so don"t need to prove mens rea because it is general assumed knowledge. Intent to harm which resulted in death eg. self-defence and provocation. Involuntary: death as a result of an unlawful or dangerous act eg. unlawful admin of drug, negligent, duty of care isn"t fulfilled and causes death. Double effect does not necessarily mean homicide so is ethically justifiable.
