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Definition of these words... (1 Viewer)

Joined
Sep 26, 2008
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Female
HSC
2009
Could someone please give me a clear defintion of these words as the definition in my textbook is really vague. Thanks!!

Causation
Strict Liability
Aggravating Factors
Mitigating Factors
Duress
 

nicko1990

p-plater
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Jul 29, 2006
Messages
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Male
HSC
2008
causation = performing the act that caused the offence (eg. the reason he died was cos i shot him, not cos he had a heart attack)

strict liability = mens rea does not have to be proved except when a 'reasonable and honest mistake' occurs (eg. you don't have to prove someone intended to run past a red light)

aggravating factors = factors which cause the committing of a crime to be more significant, leading to a greater punishment in sentencing. (eg. he bashed an old lady)

mitigating factors = opposite of aggravating (eg. he got bashed when he was a kid)

duress = a complete defence which states that the defendant was 'compelled' to commit the crime as he/she was in under extreme circumstances, and committed the crime in order to prevent a worse outcome (eg. i shot him before he shot my entire family)

hope this helps ;). not strict definitions, but these explain those terms
 

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