LAW 2599 Lecture 3: 3.1 Element analysis table
TYPE
EXAMPLE
PHYSICAL ELEMENT
FAULT ELEMENT
DEFENCE OF HONEST AND
REASONABLE MISTAKE OF
FACT
Evidential Burden on
Prosecution
Legal Burden on
Prosecution
Evidential Burden on
Prosecution
Legal Burden on
Prosecution
Evidential Burden on
Defence
Legal Burden on
Prosecution
MENS REA/FULL FAULT
Rape
Murder
Assault
Theft
STRICT LIABILITY
Drive under disqualification
ABSOLUTE LIABILITY
Produce child pornography
Parking
Speeding
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