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Flashcards in AOS2 Revision Deck (29)
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1
Q

What is a victimless crime? Provide an example

A

Some crimes, however can be seen as harming no one other then the person committing the act. These crimes are known as victimless crimes. The use of drugs may not be harmful to anyone other than the person using the drugs

2
Q

Describe the elements of a crime

A

Actus Reus - guilty act, physically committing the crime

Mens Rea - guilty mind, mental intention to commit the crime

3
Q

Name the three types of crimes.

A

Summary offences
Indictable offences
Indictable offences heard summarily

4
Q

What is summary offences?

A

Are minor criminal offences that are heard in the magistrates court. Minor theft

5
Q

What are indictable offences?

A

Are more serious criminal offences that can be heard before a judge and jury. Murder

6
Q

What are indictable offences heard summarily?

A

Are indictable offences that can be heard in the magistrates court as if they were summary offences. Common assault

7
Q

What is a strict liability crime?

A

There is no necessity to prove intention to commit the crime ( guilty mind ) for a person to be found guilty. Serving liquor to a minor

8
Q

Can juries return a majority verdict? Explain

A

If jury can’t reach a unanimous verdict, a majority verdict consisting of 11/12 is acceptable for criminal cases other then murder, treason or drug trafficking.

9
Q

List 3 elements that must exist for a person to be guilty of murder.

A

The accused was a person over the age of discretion
The accused was a person of sound mind
Malice aforethought existed - mental intention of crime

10
Q

What is the age of criminal responsibility?

A

Presumed that a child under the age of 10 cannot form the intention to commit a crime. Also assumed that a child ages 10-14 is mentally incapable to commit a crime

11
Q

In regard to manslaughter, what could be seen as criminal negligence?

A

The accused actions must fall below the expected standard of care. Eg parent neglects medical treatment for child when reasonable person would know that without treatment the child will die.

12
Q

In regard to manslaughter, what could cause manslaughter through a dangerous act?

A

The actions of the accused were unlawful and so dangerous that a reasonable person in the same circumstances would have realised that it was highly likely a person would die or be seriously injured. Person who throws a brick at a passing care to scare the driver may not have known or intended that such action would result in death

13
Q

Describe the defence to homicide of self-defence. When could self-defence be seen as reasonable?

A

Self defence is the act of killing or seriously injuring someone you felt threatened by of death or serious injury.

Reasonable when you had a belief that it was necessary to act to defend themselves or another person from serious harm OR had reasonable grounds for this belief.

14
Q

Name two other defences to murder

A

Mental impairment and automatism

15
Q

Describe mental impairment

A

Where the person was suffering a mental illness at the time of the crime and as a result the person:

  • did not know what he or she was doing
  • did not know the conduct was wrong or thought that their conduct like a reasonable person
16
Q

Describe automatism

A

This defence is concerned with involuntary actions that are not caused by disease of the mind. For the defence to be accepted it must be shown that the act was:

  • involuntary; movement without any control of the mind ( spasm )
  • done by an unconscious person ( sleep walking )
17
Q

How is crime defined?

A

As an act or omission that is against an existing law, harmful to an individual or society as a whole punishable by law

18
Q

What is culpable driving?

A

If a person is responsible for the death of another road user while driving a motor vehicle. Prosecution must prove that the drive was doing one of the following:

  • driving recklessly - consciously disregarding risk of death or injury
  • driving negligently - failing to observe reasonable standard of care
19
Q

What is assault?

A

The direct or indirect application of force by a person to the body, clothing or equipment of another person where the application is:

Without lawful excuse
AND
Intentional or reckless behaviour which results in body injury or discomfort

20
Q

What is grooming and stalking?

A

Involves the following, contacting, and making threats to the victim

21
Q

How might the law be changed in regards to defence for the crime of rape?

A

An accused would be able to be found guilty of rape if they did not reasonably believe the victim consented.

22
Q

Outline the differences between common assault, and intentionally or recklessly causing serious injury.

A

Common assault is unlawful interference with another person through intentional application of force or threat of force.

Intentionally or recklessly causing serious injury is a much more serious crime which can result in 20 years in prison.

23
Q

Outline two defences to assault

A

Lawful use of force

Duress

24
Q

What is lawful use of force?

A

A person will not be found guilty of assault if it is shown that the force was used lawfully. Eg use of force to protect others from a serious crime

25
Q

What is duress?

A

When someone commits a crime as result of fear induced by certain threats. Eg mum smuggles drugs into country for ex husband who is threatening to kill her kidnapped son

26
Q

What are the three types of stealing?

A

Theft
Robbery
Burglary

27
Q

What is theft?

A

Dishonestly taking a persons property

28
Q

What is robbery?

A

Using force, or putting a person in fear of force, during the act of stealing

29
Q

What is burglary?

A

Entering a building with the intent to steal, assault or damage property as a trespasser.

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