CRIME Flashcards

(32 cards)

1
Q

Actus Rea

A

The performance of the crime

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2
Q

Mens Rea

A

The intent to commit the offence

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3
Q

Causation

A

The performance of an act that caused the offence

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4
Q

Strict liability

A

This requires the prosecution to only prove the act had been preformed eg driving offences

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5
Q

Summary offences

A

Are offences that are considered less serious

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6
Q

Indictable offences

A

Are more serious offences

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7
Q

Complete defences

A
Mental illness or insanity 
Automatism
Mistake
Duress
Self defence or necessity
Consent
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8
Q

Partial defences

A

Provocation
Diminished responsibility
Batter partners syndrome

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9
Q

Situational crime prevention

A

Increase the risk of detection and makes crime more difficult eg security cameras

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10
Q

Social crime prevention

A

Attempts to identify and reduce the factors that may lead to criminal behaviour eg poor parenting

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11
Q

Police powers (legislation)

A

Law enforcement (powers and responsibilities) act 2002 NSW

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12
Q

Police powers

A
Detain and question suspects 
Search and seizure
Use of reasonable force
Arrest and interrogate suspects 
Recommend bail
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13
Q

Investigating crime (case)

A

Darby v the DPP 2004

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14
Q

Investigating crime

A

Gathering evidence
Use of technology
Search and seizure
Use of warrants

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15
Q

Summons

A

Is a legal document that requires a person to attend court

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16
Q

Bail or remand (legislation)

A

Amendments to the Bail Act September 2015

17
Q

Bail or remand (case)

A

R v Young (2006)

18
Q

Jury selection (legislation)

A

The Jury act 1977 NSW

19
Q

Post sentencing considerations

A
Security classification 
Protective custody
Parole
Preventative and continued detention
Sexual offenders registration
Deportation
20
Q

Legal personnel

A
Magistrates
Judges
Prosecutors
Police prosecutors
DPP
Defence lawyers
Public defenders office
21
Q

Charge negotiations

A

Where the accused pleads guilty to a particular charge or charges usually for a lesser sentence

22
Q

Age of criminal responsibility (legislation)

A

The Children (criminal proceedings) Act 1987 NSW

23
Q

Doli Incapax

A

The notion that children under 10 are to young to form the necessary mens Rea

24
Q

Penalties for children (cases)

A

R v GPD 1991

R v Pham and LY 1991

25
Alternatives to court (legislation)
The young offenders act 1997 NSW
26
warnings
On the spot official notice for minor offences
27
Cautions
A formal record of an offence
28
Alternatives to court
Warnings Cautions Youth justice conferencing
29
International crime
Crimes against the international community Crimes against humanity Transnational crime
30
Transnational crime
Crime that takes place across the borders of states
31
International law (legislation)
Rome statue 1998 ICC act 2002 War crimes act 1945 Cth
32
International law (mechanisms)
``` Australian federal police Australian crimes commission Ad hoc tribunals Extradition treaties ICC ```