LEGAL STUDIES: NATURE AND ELEMENTS
What is crime?
"Any act or omission that results in harm to society at large and is punishable by the
State, including the court system, Commonwealth bodies'
CATERGORIES OF CRIME:
Offences against the person Homicide, various assault.
Offences against the sovereign Treason, sedition.
Economic offences Property offences, white-collar crime, computers
Drug offences Trafficking, possession + use.
Driving offences Speeding, drink and negligent driving
Public order offences Offensive conduct, obstructing traffic, affray, bomb hoaxes.
Preliminary offences Attempts, conspiracy.
Regulatory offences Breach of water and fire restrictions or public transport rules.
Elements of crime:
ACTUS REUS: physical act of carrying out the crime (guilty act)
• Can include omission or failure to act, particularly in criminal negligence.
• Strict liability offences only require actus reus.
MENS REA: 'guilty mind' meaning the accused intended to commit the crime
• Required: where men's rea is required, without proving that the accused acted
intently, fraudulently, recklessly or willfully, the charge cannot be proved.
What is crime?
"Any act or omission that results in harm to society at large and is punishable by the
State, including the court system, Commonwealth bodies'
CATERGORIES OF CRIME:
Offences against the person Homicide, various assault.
Offences against the sovereign Treason, sedition.
Economic offences Property offences, white-collar crime, computers
Drug offences Trafficking, possession + use.
Driving offences Speeding, drink and negligent driving
Public order offences Offensive conduct, obstructing traffic, affray, bomb hoaxes.
Preliminary offences Attempts, conspiracy.
Regulatory offences Breach of water and fire restrictions or public transport rules.
Elements of crime:
ACTUS REUS: physical act of carrying out the crime (guilty act)
• Can include omission or failure to act, particularly in criminal negligence.
• Strict liability offences only require actus reus.
MENS REA: 'guilty mind' meaning the accused intended to commit the crime
• Required: where men's rea is required, without proving that the accused acted
intently, fraudulently, recklessly or willfully, the charge cannot be proved.
