legal aos2

the presumption of innocence

the right of a person accused of a crime to be treated and considered as being not guilty until the charge is proven beyond reasonable doubt

actus reus

the physical element of a crime, which the prosecution must prove the person physically committed a crime to be found guilty of it.

Mens rea

the mental element of a crime, which the prosecution must prove the person knowingly or intentionally committed the crime, to be found guilty of it.

strict liability

crimes, mostly summary offences, that do not have a mental element (mens rea), and the prosecution doesn’t have to prove the person had a mens rea, only the accused had committed the wrongful action (actus reus)

the age of criminal responsibility

the minimum age a person can be charged with committing a crime.

burden of proof

the responsibility of the prosecution to prove the allegations made in a case

standard of proof

the strength of evidence needed to prove a legal case, which the prosecution must prove beyond reasonable doubt

beyond reasonable doubt

the standard of proof in criminal cases, where the prosecution has to prove there is no reasonable doubt the accused committed the offence.

Crimes against a person

are crimes that violate protecting individuals. include crimes such as homicide (murder and manslaughter), assault, seggsual offences and threatening behaviour

Crimes against property

crimes that violate protecting private and public properties. include crimes such as arson, burglary, theft and property damage.

summary offence

less serious and minor offence heard and determined by a Magistrate in a Magistrate’s Court. These include offences such as traffic offences, drinking and driving, disorderly conduct and minor assaults.

indictable offence

serious offence heard and determined in higher courts (County and Supreme) before a judge and jury. These include offences such as homicide (murder and manslaughter), robbery and rape.

indictable offences heard summarily

serious crimes heard summarily (without a jury) as if they are minor offences, in the Magistrate’s Court if the court and accused agrees.

principal offender

the person who committed the actus reus and usually has the mens rea when committing the crime. All participants involved in a crime is treated as a one including anyone who intentionally assists, encourages or directs another to commit a crime

accessory offender

person without lawful excuse knowingly assists a principal offender after committing a crime. includes helping avoid arrest, prosecution, punishment for the crime. must believe or know the offender has committed a serious indictable offence.

murder

the unlawful and voluntary killing of an individual by another without legal justification.

the killing was unlawful

the prosecution must prove that the accused did not have a legal justification for causing the victim’s death

element of murder - the accused’s acts were voluntary

the prosecution must prove the accused committed the acts when they were awake, aware and in control of their bodily actions

element 3: the accused committed acts that caused the victim’s death

the prosecution must prove the accused committed acts that contributed significantly and substantially to the victim’s death. must also prove causation, a direct and unbroken link between the accused’s actions and the victim’s death

the accused acted with intent to kill or cause serious harm

the prosecution must prove the accused acted with mens rea (a guilty mind) at the time of the killing, the intention to kill or cause really serious injury, or knew it was probable that it would be a result of their actions.