Criminal Offence

2 Elements of Criminal Offence

The advice of criminal lawyers should be sought in any case where a serious offence has been committed. Even if the crime was not a serious one, having a lawyer to advise you will ensure the best result can be obtained. Most lawyers will tell you there are two elements to any criminal offence.

  • Prohibited conduct. This includes such things as robbing a bank, murder, assault and so on. Most people understand that there are certain types of conduct that will cause harm to others and that are against the law. Anyone who performs such conduct must be punished. However, that brings us to the second element.
    • The mental element of a guilty mind or intention to commit the offence. The same offence can be committed by a person without the intention and they can get off without punishment. For instance, if you struck someone accidentally, you would not be guilty of assault because the element of intention to strike was not there. Furthermore, if you acted in self defence, that would give you a lawful excuse for the action so you may not be charged, or punished, even if you did hit them.
Broken the Law

Have You Broken the Law?

Some people are criminals because they break the law wilfully and deliberately, however, there are many people who would not dream of breaking the law, but in fact have done so without realising it. In some cases they’ve even done it on purpose, but because it is considered ‘minor’ and they didn’t get caught, they think of themselves as law abiding citizens. Criminal lawyers would tell them that they are actually law-breakers.

Have you broken the law? Here are some laws you may not have heard of.

  • When you move into a new rental, your letterbox is jammed with the previous tenants mail. You may take it back to the Post Office at first, then you get sick of doing that and throw it away. You may even open some of it. Opening or destroying other people’s mail is against the law.
  • When you beep the horn and wave to your neighbour, you are breaking the law, which states that it is an illegal use of a warning device. Fine? $250 and 3 demerit points off your licence.
  • Did you stick your arm out of the car or even rest your elbow against the window? That too, is an office, punishable by the same as the above crime.