CJS 101 Lecture Notes - Lecture 30: Mens Rea, Subsequence, Defense Of Infancy
9 Dec 2020
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General principles of criminal law - these principles are general and not absolute, they can be ignored by law makers, courts and policy makers. Actus non facit reum, nisi mens sit rea. Act is not a crime unless the person has guilty mind to do so. Burden on the proof is on the prosecution and the presumption of innocence. Related to this is accused person"s right to be silent but unless you don"t want to be convicted you are forced to speak. In some circumstances the burden is on the accused to prove they are innocent. Jury is able to judge depending on silence of the accused during interview by a police in indictable offence. Exception: m"naghten rules: burden on accused. < 10 = incapable (doli incapax) (statute) (children (criminal proceeding) act 1987 s5) Nsw statute scetion5, says that no child under 10 cannot be prosecuted of a crime which over writes common law.
