LAWS 1000 Lecture : November 8th notes.pdf
Document Summary
Aim: deterrence (speci c or general) - state to bring sanction with speci c aim of deterring you (don t do it again, or sending message to society saying behaviour is implicitly unacceptable in society) Standard of proof: beyond a reasonable doubt. Public trial to deter behaviour but proving that an individual did an act with the mental intent to do that act beyond a reasonable doubt. Aim: compensation for the wrong done - put the person in the same position as they would have been in if the act had not occurred. You have to be convinced that the person did the act with mental intention beyond reasonable doubt - use balance of probabilities. More likely than not then what has said to have been occurred, occurred. The state is not involved other than ensuring that the dispute becomes resolved.