1. Identify the types of mens rea recognised in criminal law.
2. Do all crimes have a mens rea component?
1. To an extent, many crimes especially those indictable offences tend to
have a mens rea component which must be proven to be found guilty.
However offences such as road violations do not require mens rea as
to be found guilty only an actus rea is needed.
3. What does actus reus mean?
1. Actus rea is the term given which acknowledges the guilty actions of an
individual.
4. Do all crimes have an actus reus component?
1. Yes, as without having committed the ‘guilty act’ you cannot be held
accountable.
5. What is the doctrine of transferred malice?
1. Is precedent established that if the intention to harm an individual
consequentially causes others to be harmed, the defendant is still held
responsible
6. Samantha is 13 years old. She has been charged with Robbery, an offence
under s 75 of the Crimes Act 1958 (Vic). The charge arose from an
incident on the tram as Samantha was on her way home from school.
Samantha had an argument with another passenger, pushed the passenger
to the ground, removed that passenger’s necklace and placed it in her pocket.
In addition to proving the elements required for s 75, must the prosecution
prove any other matters when prosecuting Samantha for this offence. Note,
you do not need to know the elements of s 75 of the Crimes Act 1958 (Vic) for
this exercise. Robbery will be discussed in week 7.
1. Yes, due to her young age, the prosecution must also prove that
Samantha is capable of determining right from wrong and therefore
establish and mens rea. This is because offenders under the age of 14
cannot legally establish a mens rea and therefore cannot be found
guilty of such crimes.
7. Can corporations be prosecuted for committing criminal offences in Victoria?
If not, what principle of law confirms your answer? If yes, does that extend to
all crimes? And under what theory of criminal liability can corporate criminal
responsibility be established?