LLW1001 Lecture Notes - Lecture 2: Harry Gibbs, True Crime, Mens Rea
Document Summary
Elements, proof and he kaw teh analysis. Common law jurisdictions: sa, vic & nsw retain a mixture of statute and common law. Code jurisdictions: the other states have codified the criminal law in statute. Each crime is comprised of various elements, and every one of these elements must be present in order for the crime to have been committed. The prosecution must prove every element of this crime beyond reasonable doubt, to convict the defendant. The constituent parts of a criminal offence: voluntariness 2. Crimes may include both the physical and mental elements (i. e. receiving stolen goods (physical element) with the knowledge they were stolen (mental element). Or they may only include the physical element (i. e if caught speeding, you cannot say you did not intend to speed). Sl and al elements of offences do not require proof of fault (mental element) for one or more of the physical elements.
