Criminal Law Essays
The general basis for imposing liability in criminal law is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea.
It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted.
You can order your very own custom written Australian law essay right now! Click here.
Popular Criminal Law Cases
Below we have listed some of the most popular criminal law cases that are searched for and used, by our Australian law customers on our website.
Assault Cases
11 criminal law assault cases ranging from assault & battery, actual bodily harm and grievous bodily harm. Read more...
Deception Cases
The defendant had ordered a meal in a restaurant and had consumed it with an honest state of mind. He then discovered that he was unable to pay for the meal and remained silent as to his change in circumstances. The defendant waited until the dining area was clear of waiters before running out. The defendant was convicted under s16(2)(a) of the Theft Act 1968 (now replaced by the Theft Act 1978). Read more...
Mistake of Law
There is a general rule that ignorance of the criminal law is no defence, even if the ignorance is reasonable in the circumstances. By way of contrast to mistake of criminal law, mistake of civil law can quite easily provide a defence to a criminal charge, provided the actus reus of the offence involves proof of a legal concept. Read more...
R v Wilson
The appellant was charged with assaulting his wife contrary to section 47 of the Offences Against the Person Act 1861. In interview with the police the appellant admitted using a hot knife to brand the capital letters W on one, and A on the other, of his wife's buttocks. At the close of the prosecution case, the judge ruled that there was a case to answer holding that he was bound by R. v. Brown (1993) 97 Cr.App.R. 44, [1994] 1 A.C. 212. Read more...
Voluntary Manslaughter
When a defendant has caused a victim's death, and has been proved to have had the necessary mens rea for murder, he may be able to avoid a conviction for murder by establishing that he comes within the scope of the defence of either: Diminished responsibility, Provocation, Suicide Pact or Infanticide. Read more...
Definition of Murder
Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creaturein rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day
after the same. Read more...
How do I get a quote or place my Australian law essay order?
At Law Teacher, we can write you a custom Australian criminal law essay on any subject and deliver it to you right when you need it!
If you're interested in a quote or want to order an Australian law essay right now then please choose one of the options below.
Related pages: Home | Tort Law Essays | Contract Law Essays | Law News
Order Your Criminal Law Essay
Criminal Law Essays
Another concept operating within the criminal law which can be seen to undermine the view that motive is irrelevant to liability is the requirement of an ulterior intent. This applies when an offence requires there to be an intention to produce some consequence beyond the actus reus of the offence.
Criminal Law Lecture Notes
An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question - in other words all the elements of an offence other than the mental element.
Criminal Law Acts
Section 1 of the Theft Act 1978, as amended by the Theft (Amendment) Act 1996, provides:
(1) A person who by any deception dishonestly obtains services from another shall be guilty of an offence.
We fully guarantee our work!
