Elements of murder in Australian law

9 PAGES (3419 WORDS) Common Law Paper

When considering murder there are several components of law which must be taken into account. This essay highlights elements of murder to be considered: mens rea (guilty mind), actus reus (guilty act), self-defence, provocation or involuntary manslaughter. The elements of murder must be addressed to ascertain if the act in question is actually murder. For a conviction to be safe, it is essential that the evidence provides an outcome that is beyond reasonable doubt; the burden of proof is upon the prosecution to prove that there is no doubt as to the offender’s guilt.