Criminal Law

• Presumption of Innocence: the right of a person accused of a crime to be presumed innocent until proven guilty beyond reasonable doubt.
• Beyond reasonable doubt is the standard of proof in a criminal case, required for the Prosecution to succeed (win) a case.
• The burden of proof rests with the prosecution throughout the trial process.
• Mens rea: The state of mind required to commit a wrongful act. Translates to a guilty mind
• Actus Reus: A voluntary physical action that constitutes an offence under law
• Strict Liability Offences: Crimes where no mens rea is necessary to prove guilt
• The general idea that for a crime to be committed, both actus reus and mens rea should be present. However, this rule does not apply to crimes of Strict Liability.
• The age of criminal responsibility refers to the minimum age a person must be to be charged with committing a crime.
• If someone under the age of 10 commits a crime, they cannot be charged.
• Doli Incapax: A person between 10-13 years may be charged with a crime if the prosecution can be prove that the child knew that their actions were wrong at the time of offence.
• A person aged 14 years and over is considered to be criminally liable for their actions and can be charged.
• The Prosecution presents the court case in criminal law against the Accused.
• Strict liability offences do not require the mental elements. In other words, the action/inaction alone constitutes the SL offences.