Intent: Intent, as the word suggests, means that the accused the accused must have deliberately acted in such a way to bring about the unlawful consequence. The concept of intent has however developed in such a way to also cover foreseen conduct as oppose to just deliberate conduct. Fault in the form of intent can be described as being present when an accused directs his will towards committing an unlawful conduct, while knowing/foreseeing it to be unlawful. According to Burchell, there are two elements required to satisfy intentional fault: knowledge or foresight of the unlawful conduct and direction of will towards and act or result. The test to determine whether an accused intended for an unlawful consequence to result, is a subjective test, which means that the court will look at the accused’s subjective state of mind to determine blameworthiness.
In answering these questions, the theory addresses larger issues such as: Who makes the laws in the first place? Is breaking the law the most important criterion for being a criminal? Are all people who break the law criminals? Questions about the origins of law set labeling apart from
The burden of proof is an obligation on one party to persuade the jury or a judge of an alleged claim. The defendant need not prove his own innocence; it is for the prosecution to prove that the defendant is guilty and the standard of proof here is beyond reasonable doubt. Failure to discharge such legal burden would result in the defendant being acquitted. This principle is especially important in criminal cases because a person’s liberty is at stake. In doing so, it will help to promote fair trial and somewhat uphold human rights.
Categories of crime Crime is crime, right? If you break the law, you should serve the time, right? If you perform an unlawful action, you should pay your penalty. It isn’t that easy, you have the right to certain protections under due process of the law and certain pieces are written into various crime definitions and need to be proven to find you guilty in a court of law. There are eight general elements of a crime.
Tort law refers to the set of laws that provides remedies to individuals who have suffered harm by the unreasonable acts of another. Tort law is based on the idea that people are liable for the consequences of their actions, whether intentional or accidental, if they cause harm to another person or entity. Torts are the civil wrongs that form the basis of civil lawsuits. To explore this concept, consider the following tort law definition. The legal term tort refers to an action in which one person or entity causes injury, harm, or damage to another person or entity.
INTRODUCTION Trespass to person protects an individual’s interest to personal security, bodily integrity, personal liberty, property and reputation. In tort law, "assault" and "battery" are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching. Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff. If A threatens B with unwelcome physical contact, he commits the tort of assault. If he deliberately makes unwelcome physical contact, he commits the tort of battery.
Main Content Mens Rea is the integral element in a criminal liability. Any act which is forbidden by law can be deemed as a criminal act. And when such an act is constituted it is very important that the act must be coupled with both the Mental element as well as the act done. When the act is not supplemented by the mental element then a crime may not be constituted, as the Latin maxim Actus non facit reum, nisi mens sit rea gives us a clear picture on the ingredients to constitute a crime and deciding its liability. The above understood latin saying depicts the connection between mens rea and a wrongdoing as a rule.
INTRODUCTION T HE law that guides the conduct of criminal proceedings is called the law of criminal procedure. The criminal procedure of any jurisdiction is the heart of the criminal justice framework. It is the vehicle by which justice is delivered. Criminal procedure is generally understood as that body of law governing the legal treatment of a criminal deed from the offence until an unappeasable decision (acquittal or conviction). It is thus described as the process, by which the guilt of a possible wrongdoer may be legitimately established and a criminal sanction attributed.
In Tort Law, intent plays a key role in determining the civil liability of persons who commit harm. An intentional tort is any deliberate invasion of, or interference with, the property, property rights, personal rights, or personal liberties of another that causes injuries without Just Cause or excuse. In tort an individual is considered to intend the consequences of an act—whether or not she or he actually intends those consequences—if the individual is substantially certain that those consequences will result.
Lack of better evidence than acts and statements including that of co-conspirators in pursuance of the conspiracy requires appreciation of circumstantial evidence following the well established rule in criminal jurisprudence that circumstantial evidence can be reasonably made the basis of an accused person's conviction if it is of such a character that it is wholly inconsistent with the innocence of the accused and is consistent only with his guilt...But in applying this principle, it is necessary to distinguish between facts which may be called primary or basic on the one hand and inference of facts to be drawn from them on the other...When it is held that a certain fact is proved, the question arises whether that fact leads to the inference of guilt of the accused person or not, and in dealing with this aspect of the problem the doctrine of benefit of doubt would apply and an inference of guilt can be drawn only if the proved fact is wholly inconsistent with the innocence of the accused and is consistent only with his