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

Title: Legal Studies
Post by: sav07 on October 08, 2018, 02:30:36 pm
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
Title: Re: Legal Studies
Post by: NowYouTseMe on October 13, 2018, 10:04:48 pm
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