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HSC LEGAL STUDIES > CRIME > Flashcards

Flashcards in CRIME Deck (32)
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1

Actus Rea

The performance of the crime

2

Mens Rea

The intent to commit the offence

3

Causation

The performance of an act that caused the offence

4

Strict liability

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

5

Summary offences

Are offences that are considered less serious

6

Indictable offences

Are more serious offences

7

Complete defences

Mental illness or insanity
Automatism
Mistake
Duress
Self defence or necessity
Consent

8

Partial defences

Provocation
Diminished responsibility
Batter partners syndrome

9

Situational crime prevention

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

10

Social crime prevention

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

11

Police powers (legislation)

Law enforcement (powers and responsibilities) act 2002 NSW

12

Police powers

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

13

Investigating crime (case)

Darby v the DPP 2004

14

Investigating crime

Gathering evidence
Use of technology
Search and seizure
Use of warrants

15

Summons

Is a legal document that requires a person to attend court

16

Bail or remand (legislation)

Amendments to the Bail Act September 2015

17

Bail or remand (case)

R v Young (2006)

18

Jury selection (legislation)

The Jury act 1977 NSW

19

Post sentencing considerations

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

20

Legal personnel

Magistrates
Judges
Prosecutors
Police prosecutors
DPP
Defence lawyers
Public defenders office

21

Charge negotiations

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

22

Age of criminal responsibility (legislation)

The Children (criminal proceedings) Act 1987 NSW

23

Doli Incapax

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

24

Penalties for children (cases)

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