NFO evaluation 5

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  • NFO Evaluation 5
    • finally the last issue is constructive liability and the principle of correspondence
    • eg. there under s47, D's liability is based upon the actus reus is more important than the mens rea
    • the outcome can be down to chance so it is unfair to base D's guilt mainly on this element, D's guilt should be based on his level of fault, this comes from D's mens rea
    • mens rea considers what the D was aiming and this is part of crime which D can control so it would be fair to base D's guilt on this
    • to fix s47 the LC will create a crime of 'causing injury' where the actus reus and the mens rea will correspond, which fixes the problem of correspondents and now the actus reus and mens rea now weight equally in blame
    • but; they also will replace s47 with 'aggravated assault' where the actus reus and the mens rea do not correspond, but because it only has a 12 month sentence the problem isn't so unfair
    • s20 also has this problem and the LC propose to replace s20 with 'recklessly causing serious injury' where the actus reus and the mens rea correspond
    • so the actus reus and mens rea will weigh equally in blame

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