criminal law Flashcards
(45 cards)
characteristics of law
Laws must be acceptable to the community eg. Anti- Bikie laws
- Laws must be consistent eg. Stability to ensure people have confidence in the law
- Laws must be easily understood and not too much legal jargon eg. Lawstuff –
- Laws must be up to date with changes in society eg Same Sex Marriage Act; and
- Laws must be communicated to people to ensure they are informed and aware eg. M1 speed limit change for the Commonwealth Games
sources of law
- Common Law (case law) which is law made by courts using precedent set by judge rulings in previous Supreme, High and Federal court cases. It is used when no appropriate Statute law exists; and
- Statute Law (legislation) law made by an Act of Parliament generally as a result of a catalyst eg. Port Arthur massacre and guns law,
levels of government
Federal government-make laws that affect whole country ie: tax
State government-make laws that affect a particular state ie: education
Local government: make laws that affect suburbs ie: pet registration
Criminal law and its aim
an area of law that protects the community by establishing and defining what crimes are
Civil law
Civil law deals with disputes between individuals= non-criminal matters
rights have breached-seeking compensation
criminal responsibility
is the legal age you can be charged with a crime, in australia this 10 years and above
Elements of a crime
Actus reus-a physical act
Mens reas-mental act
define crime
= is an act or an omission that:
- breaks an existing law
- is harmful to an individual / society as a whole
- is punishable by law
types of mens reas
Recklessness
Negligence
Intent
Categories of a crime
Indictable offences-serious crimes
Summary offences-less serious crimes
Define Burden of proof
In criminal proceedings the burden of proof is on the prosecution to proove the accused is guilty
Presumption of innocence
In criminal proceedings the accused is presumed innocent until proven guilty
Standard of proof in criminal trials
In criminal trials the prosecution must prove the alleged offender is guilty beyond reasonable doubt
Standard of proof in civil trials
The outcome of civil disputes being “more probable than not”
Strict liability crimes
Intention does not have to be proven ie: running a red light
Burden of proof
In criminal proceedings the prosecution has the burden of proving that the accused is guilty
elements of murder
For a person to be found guilty of murder the prosecution must prove these 6 elements
- The killing was unlawful ie: not a police officer or acting in self-defence
- The victim was a human being
- The accused is over the age of 10 (criminal responsibility
- the accused caused the victims death (without x’s actions b could still be alive)
- the accused was of sound mind (new what they were doing)
- there was malice aforethought
define malice aforethought
the conscious intent to cause great bodily harm or death to a person before the crime is committed (premeditated)
define voluntary manslaughter
intentional in the moment to kill that is accompanied by mitigating factors (provocation/lack of premeditation), knew their actions would result in harm
define involuntary manslaughter
no intention to kill but harm and death occurred
standard of proof
In criminal proceedings the prosecution must prove that the alleged offender is guilty of a crime beyond reasonable doubt
strict liability crime
Strict liability = intention or a guilty mind does not have to be proven only actus reus
eg: running a red light
types of culpable driving
- a person drives a motor vehicle negligently (failure to take proper care)
- recklessly (disregarding risk)
- while under the influence of drugs or alcohol and causes the death of anotherperson.
elements of culpable driving
the accused wasthe driverof a motor vehicle (substantial control over themovement of a motor vehicle.)
the accused wasthe one to blame for a person’s death while drivingthe motorvehicle = they were driving culpably.
