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NSWLegal StudiesQuick questions
Core Part I: Crime
Quick questions on Meaning of crime and the elements of a crime: HSC Legal Studies
8short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is defining a crime?Show answer
A crime is an act or omission against the community that is punishable by the state under the criminal law. It is distinct from a civil wrong (tort, breach of contract), which is between two private parties and resolved by damages or another civil remedy.
What is the two elements?Show answer
The prosecution must prove two elements to convict.
What is standard and burden of proof?Show answer
The burden of proof is on the prosecution. The accused does not have to prove their innocence.
What is strict liability offences?Show answer
Some statutory offences displace mens rea and are strict liability. Common examples include traffic offences (e.g. exceeding the speed limit under the Road Transport Act 2013 (NSW)) and certain regulatory offences. The prosecution need only prove the actus reus.
What is 1. Actus reus?Show answer
The physical element. Conduct (an act or omission), circumstances (the surrounding context) and consequences (any result). Murder under the Crimes Act 1900 (NSW) s 18 requires an act causing death.
What is 2. Mens rea?Show answer
The mental element. The accused must have acted with the relevant fault state: intention, knowledge, recklessness, or (rarely) negligence. The required mens rea differs offence by offence.
What is confusing standard and burden of proof?Show answer
The burden is who must prove (the prosecution). The standard is how high (beyond reasonable doubt).
What is claiming mens rea is required for every offence?Show answer
Strict liability offences do not require mens rea for the prohibited conduct. Always check the statute. :::