chapter 5 Flashcards
(28 cards)
What is a defence to a crime?
A justification or lawful ‘excuse’ for committing a crime
What must an accused prove for self-defence?
They believed their actions were necessary for protection and perceived them as reasonable
Who has the burden of proof when self-defence is claimed?
The prosecution must prove beyond reasonable doubt that the accused did not act in self-defence
What is the defence of mental impairment?
It applies if the accused was suffering from a mental illness and did not understand their actions or knew they were wrong
What is presumed about an accused regarding mental impairment?
An accused is presumed to not be suffering from a mental impairment unless proven otherwise
What are the conditions for using duress as a defence?
The accused had reasonable belief of a threat, that the threat would be carried out, and that committing the offence was the only reasonable way to avoid harm
What must the prosecution prove once duress is raised?
That the accused did not act under duress beyond reasonable doubt
What constitutes a sudden or extraordinary emergency in terms of defence?
Reasonable belief of a sudden emergency, that actions were the only reasonable response, and that actions were reasonable
What is automatism in legal terms?
A defence when the accused commits an offence while in a sleep-like state or due to a medical condition
What must the prosecution prove regarding automatism?
That the accused acted voluntarily, depending on the cause of automatism
What does intoxication as a defence require?
The accused acted involuntarily due to intoxication and must prove it was not self-induced
What is the defence of accident?
Applies if the actions taken were involuntary, unintentional, or unforeseeable by an ordinary person
What does it mean to be unfit to stand trial?
Inability to understand charges, follow the trial, or instruct a lawyer
How is being unfit to stand trial different from mental impairment?
It refers to the condition of the accused at the time of the trial
What is murder defined as?
The unlawful and intentional killing of a human being by a person who acted voluntarily and without lawful justification
What must the prosecution prove for a murder charge?
Four elements beyond reasonable doubt
What is the maximum penalty for murder under the Crimes Act 1958 (Vic)?
Life imprisonment
What is the standard sentence for murder?
25 years’ imprisonment, or 30 years if the victim was an emergency worker on duty
What percentage of murder convictions in Victoria were male between 2016 and 2021?
91%
What is culpable driving causing death?
Causing the death of another person while driving negligently or under the influence
What must the prosecution prove for culpable driving causing death?
The accused was the driver, their driving caused the death, and their driving was culpable
What is the maximum penalty for culpable driving causing death?
20 years’ imprisonment and/or a fine of 2400 penalty units
What is arson?
The intentional and unlawful use of fire to destroy or damage another person’s property
