In the strict liability offence of selling alcohol to a 16-year-old, which of the following must be proven?
(A) Mens rea
(B) Causation
(C) Actus reus
(D) Recklessness - HSC - SSCE Legal Studies - Question 4 - 2013 - Paper 1
Question 4
In the strict liability offence of selling alcohol to a 16-year-old, which of the following must be proven?
(A) Mens rea
(B) Causation
(C) Actus reus
(D) Recklessne... show full transcript
Worked Solution & Example Answer:In the strict liability offence of selling alcohol to a 16-year-old, which of the following must be proven?
(A) Mens rea
(B) Causation
(C) Actus reus
(D) Recklessness - HSC - SSCE Legal Studies - Question 4 - 2013 - Paper 1
Step 1
C) Actus reus
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Answer
In the context of strict liability offences, it is crucial to establish the actus reus, which refers to the physical act or conduct that constitutes the crime. In this case, the act would be the actual sale of alcohol to a minor. Unlike mens rea, which concerns the mental state of the defendant, strict liability does not require proof of intent or knowledge, meaning that the mere act of selling alcohol to someone underage is sufficient for prosecution. Therefore, option C, actus reus, must be proven.