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Legal Studies > presumption of innocence (booklet three) > Flashcards

presumption of innocence (booklet three) Flashcards

1
Q

Lesson one

What are examples of illicit drugs?

A
  • amphetamines
  • cannabis
  • cocaine
  • hallucinogens
  • heroin
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2
Q

Lesson one

What does to use a drug refer to?

A

to smoke, inhale, or introduce into a person’s body

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3
Q

Lesson one

What type of offence is using a drug of dependence?

A

summary offence

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4
Q

Lesson one

what are the consequences of using a drug of dependence?

A
  • use of cannabis: max penalty of up to 5 penalty units & no penalty of imprisonment
  • severe illicit drugs: max penalty of a fine up to 30 penalty units or imprisonment for 1 year, or both
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5
Q

Lesson one

What does it mean to be in possession of a drug?

A

physical control or custody of the drug

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6
Q

Lesson one

What must the prosecution prove to establish a guilty conviction of the accused?

A

must prove the accused knew of the presence of the drug and intended to possess the drug

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7
Q

Lesson one

What are the consequences of being in possession of cannabis?

A
  • in possession of cannabis in small quantity and no trafficking involved, carries a penalty of not more than 5 penalty units
  • if 1st time usually cautioned
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8
Q

Lesson one

What is a narcotic plant?

A

cannabis and opium poppies

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9
Q

Lesson one

What does it cultivating a drug refer to?

A

sow, grow, plant, tend, nurture or harvest

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10
Q

Lesson one

What does it cultivating a drug refer to?

A

sow, grow, plant, tend, nurture or harvest

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11
Q

Lesson one

What type of offence is cultivation of a narcotic plant?

A

serious offence

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12
Q

Lesson one

What is the consequence if the court is satisfied that the cultivation was not related to trafficking?

A

penalty is a fine of no more than 20 penalty units, or imprisonment for one year, or both.

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13
Q

Lesson one

What can trafficking a drug involve?

A
  • preparing & manufacturing an illegal drug
  • agreeing to sell an illegal drug
  • offering an illegal drug for sale
  • actually selling an illegal drug
  • possessing a large amount of an illegal drug
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14
Q

Lesson one

what are the consequenes of trafficking non-commercial quantities?

A

maximum penalty is imprisonment for 15 years, or a fine of up to 1800 penalty units, or both

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15
Q

Lesson one

What are the consequences for trafficking to a person under the age of 18 years of age?

A

maximum penalty is imprisonment for 20 years, or a fine of up to 2400 penalty units, or both

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16
Q

Lesson one

What are the consequences for trafficking commercial quantities?

A

maximum penalty is imprisonment for 25 years, or a fine of 3000 penalty units, or both

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17
Q

Lesson two

what is the definition of ‘domestic violence’?

A

A situation where a person (usually a woman) experiences abuse at the hands of a partner / ex-partner (usually a man)

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18
Q

Lesson two

What is verbal abuse?

A

threats; put-downs; frequent derogatory comments

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19
Q

Lesson two

what is economic abuse?

A

Denying opportunity to work / access to money

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20
Q

Lesson two

what is social abuse?

A

denigrating partner in public; demanding to know every movement; disallowing friends

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21
Q

Lesson two

what is sexual abuse?

A

forced or unwanted sex

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22
Q

Lesson two

what is physical abuse

A

punching; kicking

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23
Q

Lesson two

what is psychological abuse?

A

deliberatly undermining partner’s self-confidence, leading them to believe they are useless or mentally unsound

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24
Q

Lesson two

what is the “cycle of violence”?

A
  • violence may not happen all the time
  • partners may be sorry after violent episode
  • both parties may feel guilty / blame themselves / make excuses
  • abuse may continue & even escalate
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25
Q

Lesson two

why might people be unable to break the “cycle of violence”

A
  • hope that the situation may change
  • shame & guilt
  • impact on children
  • financial dependence
  • fear of retaliation
  • lack of information & support
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26
Q

Leson two

what does the Violence Against Women in Australia 2016 report state?

A

1 in 4 comen have experienced violence by an intimate partner

27
Q

Lesson two

what does the Victorian Royal Commision 2016 report state?

A

that in Victoria, 75% of victims of family violence incidents attended by police were female & 77% were male

28
Q

Lesson two

what does the Fact Check 2016 report state?

A

reports that at least 1 in 6 women & 1 in 20 men have experienced at least one incidence of violence from a current or former partner since that age of 15

29
Q

Lesson three

How does the legal system deal with family violences cases?

A
  • The victim may apply for an intervention order
  • Initiate criminal or civil proceedings
  • Apply to the Family Court for an injunction
30
Q

Lesson three

What is an intervention order?

A
  • a legally enforceable document that aims to provide a person, their children and their property w/ protection
  • has conditions to stop the respondent from using family violence against the proptected person
31
Q

Lesson three

depending on the conditions of intervention oders, what might the law require the respondent do?

A
  • stop the behaviour
  • not contact or communicate w/ the protected person, or get somone else to do it for them
  • not go to or stay near the protected person, or get someone else to do it for them
32
Q

Lesson three

What act introduced interim family violence intervention orders?

A

the Family Violence Protection Amendment Act 2014 (Vic)

33
Q

Lesson three

What is an interim family violence intervention order?

A

a temporary order that protects a person (& any children) from a family memeber who is using family violence

34
Q

Lesson three

Why might a court make an interim order where an intervention order application has been made?

A

the protected person need immediate protection before the application can be determined by the court

35
Q

Lesson three

What is a family violence safety notice?

A

a temporary notice issued by the police that protects a person (&any children) from a family member who is using family violence

36
Q

Lesson three

What is a family notice considered to be?

A
  • an application by the police for an intervention order
    and
  • a summons for the respondent to attend court in relation to the intervention order application
37
Q

Lesson three

What does the crimes (family violence) (holding powers) act 2006 (vic) give police?

A

gives police the power to direct a perpetrator of violence to leave the family home & remain at a place specified by police

38
Q

Lesson three

What will happen if a perpetrator does not comply with police powers?

A
  • arrest & detention (max 6 hrs (possibly extended by court))
39
Q

Lesson three

When is are the police powers given by the crimes (family violence) (holding powers) act 2006 (vic) used?

A

used in cases where it is necessary to protect the victim until the police can apply for the intervention order on the victims behalf

40
Q

Lesson three

What acts can perpetrators of domestic violence be charged under?

A
  • the crimes act 1958 (vic)
  • summary offences acct 1966 (vic)
41
Q

Lesson three

what are the difficulties regarding criminal actions

A
  • Offence must be proven beyond reasonable doubt
  • No ongoing protection offered to the victim
  • Giving evidence is traumatic for the victim
  • Could lead to further violence in the home
42
Q

Lesson four

Define child abuse

A
  • an act by parents or caregivers which endangers a child or a young person’s physical or emotional health or development
    (can involve single incident h/w usually over time)
43
Q

Lesson four

What does the children youth and families act 2005 (vic) define a “child” as?

A

as any person under 17 years old

44
Q

Lesson four

what are the four broad categories of child abuse?

A
  • physical abuse
  • neglect
  • sexual abuse
  • emotional abuse
45
Q

Lesson four

what is physcial child abuse?

A

child is seriously injured through act of physcial violence (kicking; beating; stabbing; thrown; burnt)

46
Q

Lesson four

What is neglect?

A

child not adequately looked after for long periods of time / abandoned. Includes insufficient food, clothing, shelter, medical care

47
Q

Lesson four

what is sexual child abuse?

A

person uses authority, forcefully or not, to get the child to participate in sexual activities for an older person’s gratification

48
Q

Lesson four

what is emotional child abuse?

A

repeateadly subjected to threats / deprived of love / humiliated over long periods of time

49
Q

Lesson four

who are perpetrators in reference to child abuse?

A

often people known & trusted by the child (parents; step-parents; de factos; teaches; coaches)

50
Q

Lesson four

what are the causes of child abuse

A

child abuse causes vary: individual personalities: social / economic / environmental situations

51
Q

Lesson four

what are the effects of child abuse?

A
  • long-term effects on child & society
  • range of emotional, physical & psychologial problems
  • more likely to be aggressive & self-destructive; truant; drug / alcohol problems; young criminal offenders
  • impacts on society: increased crime; demands on social services; cycle of child abuse.
52
Q

Lesson three

what is the legal option of civil proceedings?

A
  • victim may sue the perpetrator for assualt & battery, claiming compensation for pain & suffering.
  • aim will be to restore the victim to the position he or she was in prior to the violence
53
Q

Lesson three

what are the difficulties regarding civil action?

A
  • Costs & delays of civil action
  • Likely to aggravate the situation
  • Perpetrator may not have funds to pay the victim
54
Q

Lesson three

what is a family court injunction?

A
  • stops the person assaulting / harassing another & entering premises
  • issued by family court and federal circuit court under the family law reform act 1996
  • if urgent matters heard w/n days
55
Q

Lesson three

who are family court injunctions available to?

A

onlu available to married / divorced / de facto couples

56
Q

Lesson four

What are the impacts of child abuse on a childs development?

A
  • reduced social skills
  • poor school performance
  • impaired language ability
  • higher likelihood of criminal offending
  • negative physical health outcomes
  • mental health issues (ed, depression, anxiety, substance use, suicide
57
Q

Lesson five

what are the different types of legal proceedings in cases of child abuse?

A
  1. Protection application in Children’s Court
  2. Criminal proceedings in MC, CC, SC
  3. Civil action seeking compensation
  4. Application for an intervention order
  5. Application for compensation for Victims of Crimes Assistance Tribunal (VOCAT)
58
Q

Lesson five

What is a protection application in children court (1.)

A
  • child protection orker will investigate the issue & try to help the family
  • if serious child face prospect of being taken into care / placed in foster home / w/ relatives
  • parents may be given restricted access to the child
59
Q

Lesson five

what do ciminal proceedings regarding child abuse entail?

A
  • in MC / CC / SC
  • police informed & perpetrator charged w/ crime (minor assualt to murder)
60
Q

Lesson five

what does civil action seeking compensation entail?

A

victim can sue the perpetrator or others who knew about the abuse & had a duty to stop the harm, but did not do so

61
Q

Lesson five

what is an application for a family violence intervention order (FIVO)

A
  • order stopping the perpetrator from coming near the victim.
  • made through MC
62
Q

Lesson five

What does VOCAT do?

A
  • provides assistance to victims of crime who have experienced pain & suffering or financial losses as the result of a violent crime or series of violent crimes
63
Q

Lesson five

what act is victims of crimes assistance governed by?

A

the victims of crime assistance act 1996 (vic)

64
Q

Lesson five

how to apply for financial assistance from VOCAT?

A
  • The matter must have been reported to police w/n reasonable time
  • The crime must have directly led to the injury to the victim
  • The crime must have occurred in Victoria w/n the last two 2 yrs

Legal Studies (9 decks)

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