LAW705 Study Guide - Final Guide: Common Assault, Homicide, Crimes Act 1900
Document Summary
Assaults using offensive weapons or dangerous substances 14. Assaults on victims with special status 14. Nature and quality of the act 53. Substantial impairment by abnormality of mind 61. Capacity + actus reus + mens rea defences = criminal liability. Burdens of proof: legal burden, the prosecution must prove all the elements of a particular offence. The d exculpated because he did not know the nature and quality of the conduct, or that the conduct is wrong. Burden of proof on the defence to prove on the balance of probabilities that d is insane. The doctrine of doli incapax applies to children between the ages of ten and fourteen years. Doli incapax is a latin term which means incapable of wrong". When the criminal act was accidental (provided there was no recklessness or criminal negligence this is really a lack of mr) When the criminal act was a reflex action [ryan (1967); murray (2002].