LAW4332 Chapter Notes - Chapter 4: Actus Reus, Defense Of Infancy, Crimes Act 1900
Document Summary
4. 1. 1 general concepts and general principles concepts e. g. negligence, omission, intent, recklessness, strict and absolute liability principles e. g. actus non facit reum, nisi mens sit rea need both act and intention. Also, the (cid:494)goldren thread(cid:495) of the burden of proof being on the prosecution to prove guilt beyond reasonable doubt. Recent years extent and notion of (cid:494)the general part(cid:495) of criminal law is increasingly scrutinised as: work of the model criminal law officers committee (previously cloc) since 1991 democratically made and amended. Guiding principle (cid:498)voluntary consistency not compulsory uniformity(cid:499): they have produced reports on general and substantive issues. Most recommendations from generality is called into question. Most criminal law in state legislation which differs widely. 4. 1. 3. 1 the significance of fault: the fact that those convicted are stigmatised and punished have been the considerations in calling for the need to prove mens rea.
