Criminal Conduct Explained
A person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present : the actus reus or guilty act and the mens rea or guilty mind. A wrongful act on its own therefore cannot usually be criminal unless the wrongful state of mind required for that offence is also present.
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“…my wife of 12 years was recently admitted to hospital suffering from neck and facial injuries incurred during an attack I inflicted upon her whilst asleep… I have a registered medical condition, diabetes, and during the night in question lapsed intio a hypoglaecemic condition following the administration of too much Insulin… I have been told that I may face criminal charges for the assault… and would therefore like a clearer understanding of the Law in this matter before proceeding… “
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“… during a works Xmas party were large amounts of alcohol were provided by senior management and were staff members were actively encouraged too participate… I am embarrassed to say I had far too much to drink… at some point during the evening I poured a large amount of wine into a very expensive piece of office equipment. I have no recollection of this… however the whole incident was catured on security cameras… I have now been informed [ by senior management ] that unless I repay the cost of the replacement equipment the police will be called and charges levied… the same people who encouraged the heavy drinking… am I solely liable… “
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