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HSC LEGAL STUDIES > CRIME > Flashcards

Flashcards in CRIME Deck (32)
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1
Q

Actus Rea

A

The performance of the crime

2
Q

Mens Rea

A

The intent to commit the offence

3
Q

Causation

A

The performance of an act that caused the offence

4
Q

Strict liability

A

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

5
Q

Summary offences

A

Are offences that are considered less serious

6
Q

Indictable offences

A

Are more serious offences

7
Q

Complete defences

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

Partial defences

A

Provocation
Diminished responsibility
Batter partners syndrome

9
Q

Situational crime prevention

A

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

10
Q

Social crime prevention

A

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

11
Q

Police powers (legislation)

A

Law enforcement (powers and responsibilities) act 2002 NSW

12
Q

Police powers

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

Investigating crime (case)

A

Darby v the DPP 2004

14
Q

Investigating crime

A

Gathering evidence
Use of technology
Search and seizure
Use of warrants

15
Q

Summons

A

Is a legal document that requires a person to attend court

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
Q

Alternatives to court (legislation)

A

The young offenders act 1997 NSW

26
Q

warnings

A

On the spot official notice for minor offences

27
Q

Cautions

A

A formal record of an offence

28
Q

Alternatives to court

A

Warnings
Cautions
Youth justice conferencing

29
Q

International crime

A

Crimes against the international community
Crimes against humanity
Transnational crime

30
Q

Transnational crime

A

Crime that takes place across the borders of states

31
Q

International law (legislation)

A

Rome statue 1998
ICC act 2002
War crimes act 1945 Cth

32
Q

International law (mechanisms)

A
Australian federal police
Australian crimes commission
Ad hoc tribunals 
Extradition treaties 
ICC