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Questions and Answers
What does the term 'actus reus' refer to in the context of analyzing an offence?
What does the term 'actus reus' refer to in the context of analyzing an offence?
- The mental element required for the offence
- Specific or general intent of the accused
- The punishment dictated by the court process
- External circumstances that must be proven by the prosecution (correct)
In the context of determining the mental element required for an offence, what does the jurisprudence (caselaw) help with?
In the context of determining the mental element required for an offence, what does the jurisprudence (caselaw) help with?
- Understanding ambiguous language and presumptions
- Deciding whether the offence is summary, hybrid, or indictable
- Determining specific or general intent of the accused (correct)
- Interpreting common law and statutory defences
Which factor dictates the court process for an offence, such as whether a jury trial is required or not?
Which factor dictates the court process for an offence, such as whether a jury trial is required or not?
- Whether the offence is summary, hybrid, or indictable (correct)
- The mental element required for the offence
- The punishment for the offence
- Whether the charge can be laid or not
What does section 787(1) of the Criminal Code provide?
What does section 787(1) of the Criminal Code provide?
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When breaking down offence sections into actus reus and mens rea, what does 'mens rea' refer to?
When breaking down offence sections into actus reus and mens rea, what does 'mens rea' refer to?
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