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Criminal Law-Exam template
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Elements of an offence must be proved beyond reasonable doubt Elements of criminal liability: Conduct element (actus reus) Act or omission constituting crime Auth: R v Falconer (1990) Mental element (mens rea) Fault element to the act Most crimes require intention or recklessness Conduct and elements must coincide in time o Auth: Thabo Meli v R (1954) Absense of legal "defence" No lawful justification or excuse for committing the act with necessary intention Burdens of proof: Ultimate winning the case as whole Auth: Woolmington v DPP [1935] Legal proving an issue part of one's overall case Reverse onuses e.g. Insanity and Diminished Responsibility, burden falls upon D Evidential adducing sufficient evidence Distributed between D and P according to issues being proved Reverse burden e.g. lack of will Standards of proof: Prosecution: `beyond reasonable doubt' Wo...
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