WDW101Y1 Lecture Notes - Common Law Offence, Insite, Vagueness
6 Dec 2012
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Could you explain a prima facie case: if permanently unfit, crown must demonstrate ability to have trail every 2 years. Must establish a prima facie case (can still prove the case even after 2 years, that the accused could still be convicted: must call some evidence on each essential element of the offence. The actus reus and mens rea: must show that they have enough evidence that could justify a conviction if believed. Disease of the mind (or mental disorder); defined by combination medical, legal and policy consideration; presumed to be a product of a disease of the mind; results in a ncr finding and ongoing supervision under orb. Must still prove the actus reus and mens rea for party liability (aid, abet, form intention in common) Whatever constitutes the actus reus must be voluntary. What are the different responsibilities of the crown, the trial court and the. Charter: parliament= can change laws with legislative amendments.
