Flashcards in Crime Deck (177)
The defence that the perpetrator of a crime had suffered, or was protecting those who had suffered, from child abuse.
Accessory after the fact
A person or persons who helped the main perpetrator after a crime was committed.
'The guilty act' (that is, the voluntary commission of an act or voluntary omission of duty that breaks the law)
A temporary postponement of legal proceedings to recommence at a later date.
Adversarial system of trial
System of trial used in Australia, in which two sides of the case try to present and prove their version of the facts and disprove the other sides' version.
A person is accused of committing a crime, but has not yet been found guilty
Intention to cause very serious harm with an object
Circumstances taken into account by a sentencing judge that may result in a more severe penalty.
Aggravated sexual assault
High degree of violence involved in sexual assault
A crime is not successfully committed, despite the offender trying to do so.
A case is taken to a higher court because either side disagrees with the decision of a lower court
The party who disagrees with a court decision and appeals
Causing physical harm or threatening to cause physical harm to another person
Battered Woman Syndrome
A criminal defence which may arise when a woman kills her husband or partner after years of suffering domestic violence or abuse.
Burden of proof
The responsibility of proving a case in court. In a criminal case the prosecution has the burden of proof and must prove that the accused is guilty.
An agreement to attend court to answer a criminal charge. Some surety of attendance is usually required, such as a monetary fee.
A punishment in which the offender is free to go into the community but agrees to be of good behaviour for a certain period.
Break and Enter
The illegal entry of another's property in order to commit an offence.
Beyond reasonable doubt
Standard of proof in a criminal case. The judge or jury can only find the accused guilty of a crime, if there is no reasonable doubt that the accused person actually committed the crime.
An agreement between the prosecution and defence, having met before the trial, with the defence agreeing that the accused will plead guilty if the prosecution reduces the charge. Also known as plea bargaining.
An offender is warned by the police rather than arrested and charged.
Breaking the law deliberately as a protest against the law or against another action by government.
An act of omission which harms society and the individuals in it, for which a punishment has been determined by the law and enforced by the state.
A restorative justice program for Aboriginal Offenders in which a 'circle' of people involved with the offence discuss the offence and ways of rectifying the harm done.
Criminal Justice System
The system that operates to bring criminal offenders to justice, incorporating the investigative process, the trial process and sentencing and punishment
Criminal Infringement notice
A notice issued to people by police, imposing a fine for a minor crime
Crimes Against The International Community
Crimes committed by individuals and states which are seen as wrong by the international community, such as war crimes and terrorism
Crimes committed outside the jurisdiction
Crimes which take place outside a particular nation's criminal laws, for example, piracy and aircraft hijacking.
The act or omission committed must have caused the specific injury complained of.