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Within the context of English and Welsh law, the totality principle is defined within the Criminal Justice Act 1991, that states that nothing in the Act "shall prevent the court ... in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences". [5]
This does not give sport a license to enact rules permitting acts that are clearly, excessively and maliciously violent. Even professional sport should have an element of fun while the players are, in the more extreme cases, given criminal as well as civil law protection (see R v Johnson (1986) 8 Cr App R (S) 343 and R v Lloyd (1989) CLR 513 ...
To commit a criminal offence of ordinary liability (as opposed to strict liability) the prosecution must show both the actus reus (guilty act) and mens rea (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time.
The Criminal Code contains several offences related to driving a motor vehicle, including driving while impaired or with a blood alcohol count greater than eighty milligrams of alcohol in one hundred millilitres of blood (".08"), [3] impaired or .08 driving causing bodily harm or death, [4] dangerous driving (including dangerous driving causing bodily harm or death), [5] and street racing. [6]
Although the suspect is not compelled to answer questions after formal arrest, failure to give information may now be prejudicial at trial. Statute law also exists which provides for criminal penalties for failing to decrypt data on request from the police. If the suspect is unwilling to do so, it is an offence. [38]
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods.. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a crime, depending on the value of the stolen goods, and the goods are returned to the original owner.
Two reasons given to justify punishment [18] is that it is a measure to prevent people from committing an offense - deterring previous offenders from re-offending, and preventing those who may be contemplating an offence they have not committed from actually committing it. This punishment is intended to be sufficient that people would choose ...
Mens rea is an element of the offence that the prosecution needs to assert beyond a reasonable doubt for the accused to be found fully liable of the offence, assuming the offence is one that requires an element of mens rea (see, He Kaw Teh v R - case from the Australian High Court regarding importance of establishment of the element of mens rea).