ATAR Notes: Forum
HSC Stuff => HSC Humanities Stuff => HSC Subjects + Help => HSC Legal Studies => Topic started by: sav07 on October 08, 2018, 02:30:36 pm
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Hello there fellas,
I just started studying Crime, and I don't get the difference between recklessness and negligence (???????) (relating to means rea) :-[ Someone help this little girl pls <3
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it's like literally not important except for in multiple choice but w/e
Recklessness is where the accused realised the act that constitutes the crime could possibly have been inflicted upon the victim and went and did it anyway ie I saw that pushing my mate who could not swim into the river could have resulted in his death and did it anyway.
Negligence is where the accused had a duty of care which they breached through their actions which weren't according to what they were reasonably expected to do under the duty of care. ie a PE teacher is reasonably expected to supervise their class, but didn't turn up for 15 minutes and in that 15 minutes a kid broke his arm