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Mistake Of Fact
In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. Discussion Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own ignorance of the law would breach the public policy represented by the Latin maxim: '' ignorantia legis neminem excusat''. But someone operating under a mistake of fact will not generally be liable, because, although the defendant has committed the ''actus reus'' of the offense, the defendant may honestly believe in a set of facts that would prevent him or her from forming the requisite ''mens rea'' required to constitute the crime. For example: A defendant goes into a super ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability (criminal)
In criminal law, strict liability is liability for which ( Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense ( Preterintentionally /ultraintentional /versari in re illicita). The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of . Strict liability laws were created in Britain in the 19th century to improve working and safety standards in factories. Needing to prove on the part of the factory owners was very difficult and resulted in very few prosecutions. The creation of strict liability offenses meant that convictions were increased. Com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Euthanasia Laws Act 1997
The ''Euthanasia Laws Act 1997'' (Cth) was an Act of the Parliament of Australia to amend the '' Northern Territory (Self-Government) Act 1978'', the ''Australian Capital Territory (Self-Government) Act 1988'' and the '' Norfolk Island Act 1979'' to remove the power of the Parliament of each of those territories to legalise euthanasia. The law was enacted in response to the enactment of the Rights of the Terminally Ill Act 1995 (NT) by the Parliament of the Northern Territory which had legalised euthanasia in the Territory. The Act was repealed by the '' Restoring Territory Rights Act 2022'', which was passed by the federal parliament in December 2022. Background The ''Euthanasia Laws Bill 1996'' was introduced in the Australian Parliament by Liberal Party backbencher Kevin Andrews as a private member's bill. The Act Despite the power to legislate for euthanasia being held by the states, under Section 122 of the Constitution of Australia the Federal Parliament has the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tasmania
Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The state encompasses the main island of Tasmania, the List of islands by area#Islands, 26th-largest island in the world, and the List of islands of Tasmania, surrounding 1000 islands. It is Australia's smallest and least populous state, with 573,479 residents . The List of Australian capital cities, state capital and largest city is Hobart, with around 40% of the population living in the Greater Hobart area. Estimated resident population, 30 June 2017. Tasmania is the most decentralised state in Australia, with the lowest proportion of its residents living within its capital city. Tasmania's main island was first inhabited by Aboriginal Australians, Aboriginal peoples, who today generally identify as Palawa or Pakana. It is believed that Abori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sodomy Law
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term ''sodomy'' are rarely spelled out in the law, but are typically understood and defined by many courts and jurisdictions to include any or all forms of sexual acts that are illegal, illicit, unlawful, unnatural and immoral. Sodomy typically includes anal sex, oral sex, manual sex, and bestiality. In practice, sodomy laws have rarely been enforced to target against sexual activities between individuals of the opposite sex, and have mostly been used to target against sexual activities between individuals of the same sex. As of April 2025, 63 countries as well as 3 sub-national jurisdictions have laws that criminalize sexual activity between 2 individuals of the same-sex. In 2006 that number was 92. Among these 62 countries, 40 of them not only criminalize male same-sex sexual activity but also have laws that criminalize female same-sex sexual activity. In 11 of them, se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
External Affairs Power
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most attention has focused on the use of the power to pass legislation giving effect within Australia to its obligations under international treaties and conventions. In some cases, as with human rights or environmental protection Environmental protection, or environment protection, refers to the taking of measures to protecting the natural environment, prevent pollution and maintain ecological balance. Action may be taken by individuals, advocacy groups and governments. ..., the activities regulated by treaty-implementing legislation have not been international in nature but rather located solely within Australia or even solely within a particular State. In Australia, developments in international law have no direct effect for domestic pur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights (Sexual Conduct) Act 1994
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Australian state of Tasmania have the same legal rights as non-LGBTQ people. Tasmania has a transformative history with respect to the rights of LGBTQ people. Initially dubbed "Bigots' Island" by international media due to intense social and political hostility to LGBTQ rights up until the late 1990s, the state has subsequently been recognised for LGBTQ law reforms that have been described by activists such as Rodney Croome as among the most extensive and noteworthy in the world. Tasmania's criminal penalties for homosexual activity were the harshest in the Western world when they were repealed in 1997. It was the last Australian jurisdiction to decriminalise homosexuality after a United Nations Human Rights Committee ruling, the passage of federal sexual privacy legislation and a High Court of Australia, High Court challenge to the state's anti-homosexuality laws. Following decriminalisation, social and politica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes Act 1914
The ''Crimes Act 1914'' (Cth) is an Act of the Parliament of Australia which addresses the most serious federal offences — that is, crimes against the Commonwealth. It was the first major federal criminal law since the Federation of Australia in 1901, since most criminal law of Australia was, and still is, handled by the states and territories rather than at the federal level. Act Amongst other things, Volume 2 of the Act deals with offences against the administration of justice in federal proceedings, piracy, and offences relating to postal services. Structure Volume 1 *Part I – Preliminary; *Part IAA – Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants; *Part IAAA – Delayed notification search warrants; *Part IAAB – Monitoring of compliance with control orders etc.; *Part IAB – Controlled operations; *Part IABA – Integrity testing; *Part IAC – Assumed identities; *Part IACA – Witn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code Act 1995
The criminal law of Australia is the body of law in Australia that relates to crime. Responsibility for criminal law in Australia is divided between the state and territory parliaments and the Commonwealth Parliament. This division is due to the Commonwealth Parliament's limited legislative powers under Australian constitutional law.While Australian state governments have plenary power to enact legislation, the Commonwealth's legislative powers are exhaustively defined within the Australian Constitution. The criminal law system differs across Australian states, with distinctions readily found across jurisdictions regarding criminal offences, sentencing and criminal procedure. Additionally, there exists a distinction between Australia's "code states" and "common law states". The code states of Western Australia, Queensland and Tasmania have wholly replaced the system of judge-made criminal law inherited from England with legislative instruments that exhaustively define the cri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary For voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
AustLII
The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to justice through access to legal information. Inception and aims AustLII was established in 1995. Founded as a joint program of the University of Technology Sydney and the University of New South Wales law schools, its initial funding was provided by the Australian Research Council. Its public policy purpose is to improve access to justice through access to legal information. Content AustLII content is publicly available legal information. Its primary source information includes legislation, treaties and decisions of courts and tribunals. It also hosts secondary legal materials, including law reform and royal commission reports, as well as legal journals. The AustLII databases include the complete text of all of the decisions of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
