criminal law

Question 1

What is a crime?

Answer 1

a crime is an act or omission that goes against an existing law, harmful to an individual or to society, punishable by law.

Question 2

Elements of a crime

Answer 2

ACTUS REUS - the act of
committing a crime
MENS REA - the intent to commit
a crime

Question 3

STRICT LIABILITY

Answer 3

does not involve a guilty mind,
the actus reus is enough to
establish guilt. there is no need
to prove intent.

Question 4

AGE OF
CRIMINAL
RESPONSIBILITY

Answer 4

the minimum age a person must
be to be charged with
committing a crime.
- a person under the age of 10
cannot be charged
- between 10-13 can be charged
if the child knew the actions
were wrong
- over 14 is considered
criminally liable and is charged as an adult

Question 5

BURDEN OF

PROOF crim

Answer 5

the responsibility to prove the
allegations made in a case. it is
held by the party or person who
brings the case into court.

Question 6

STANDARD OF

PROOF crim

Answer 6

the strength of the evidence
needed to prove a legal case. it
must be proven beyond
reasonable doubt. evidence
should be realistic.

Question 7

What are the ourposes of criminal law?

Answer 7

• protect individuals
• protect property
• protect society
• promote justice
• protect rights + cultures
• maintain public order + security
• protect justice and the rule of
  law
• improve society generally

Question 8

Presumption of innocence

Answer 8

if accused of a crime, they will not
be treated, as far as possible, as
being not guilty until the charge
has been proved beyond
reasonable doubt.
Beyond reasonable doubt is the
standard of proof (the level of
proof) required for the
prosecution to suceed in a case

Question 9

social purpose/nature of crimes

Answer 9

• crimes against the person eg. assault, kidnapping, bribery, reckless endangerment
• property and deception offences eg. insurance fraud, changing of price, forged receipts, ponzi schemes
• drug offences eg. possesion, trafficking, manafacturing, export/import
• public order and security offences eg. offensive language,
  laser pointers, offensive behaviour
• justice procedure offences eg. refusing police

Question 10

Types of crime

Answer 10

CYBER CRIME

HATE CRIME

ORGANISED CRIME

JUVENILLE CRIME

WHITE COLLARCRIME

Question 11

cyber crime

Answer 11

committed using computers, or
other electronic systems and
devices. online fraud, stolen
software or hacking

Question 12

hate crime

Answer 12

motivated by prejudice and bias
against a person or group
based on a characteristic eg.
sex, age, skin, race.

Question 13

organised crime

Answer 13

planned and ongoing matters
organised by criminal groups or
gangs eg. drug trafficking,
money laundering, sale of guns.

Question 14

juvinelle crime

Answer 14

undertaken by people between
10-18 yrs of age eg. property
damage, assault or theft.

Question 15

WHITE COLLAR CRIME

Answer 15

crimes by people who work in
government, businesses or in
the corporate world eg. theft,
fraud, tax evasion, investment scams

Question 16

PARTICIPANTS IN A CRIME

Answer 16

• THE PRINCIPAL OFFENDER

- ACCESSORY

Question 17

THE PRINCIPAL OFFENDER

Answer 17

the person who commits the
offence and has carried out the
actus reus. any person who is
involved in a crime is considered
a principal offender including
anyone who intentionally assists,
encourages or directs another
person to commit the crime.

Question 18

ACCESSORY

Answer 18

person without lawful excuse who
helps the principal offender after
a crime has been commited eg.
avoiding them being arrested
convicted or punished fo

Question 19

CLASSIFYING A CRIME

Answer 19

• INDICTABLE OFFENCE

- SUMMARY OFFENCE

Question 20

INDICTABLE OFFENCE

Answer 20

serious crimes, usually heard in the higher courts eg. County
+ Supreme Court before a judge or jury. for
eg. breaking into a car

Question 21

SUMMARY OFFENCE

Answer 21

minor crimes heard and determined in the magistrates court by
a magistrate. For eg. tattooing a person under the age of 18

Question 22

Murder

Answer 22

murder is the unlawful killing of another human without
justification or valid excuse
- The most serious form of homicide
- Intentional or reckless killing of another person

Question 23

ELEMENTS OF MURDER

Answer 23

• THE KILLING WAS UNLAWFUL
• THE VICTIM WAS A HUMAN BEING
• THE ACCUSED WAS A PERSON OVER THE AGE OF DISCRETION
• THE ACCUSED CAUSED THE VICTIMS DEATH
• THE ACCUSED WAS A PERSON OF SOUND MIND
• THERE WAS MALICE AFORETHOUGHT

for a person to be found guilty of murder, all six
elements of murder must be proven. if not, the
accused will result in being found not guilty of
murder.

Question 24

THE VICTIM WAS A HUMAN BEING

Answer 24

must be a living person who is born. they must be in a living state, not an unborn person or animal.

Question 25

THE ACCUSED WAS A PERSON OVER THE AGE OF | DISCRETION

Answer 25

``` the accused must be aged 10 years or over. a person aged between 10 and 13 is incapable of forming intent to commit a crime and can only be proven guilty if they are aware that their actions were wrong. ```

Question 26

THE KILLING WAS UNLAWFUL

Answer 26

the accused didn’t have legal justification or reason (not a police officer or army in line of duty, acting in the course of their responsibilties and duties. Nor have reason to act in self defence or duress)

Question 27

THE ACCUSED CAUSED THE VICTIMS DEATH

Answer 27

the prosecution must prove the accused actions contirubted significantly and substantially to the victim's death. The prosecution must prove that there was a direct link between the accused actions andthe death of the victim (causation). The prosecution must prove causation, that is there was an unbroken link and the death would not have occured when it did if it wasn’t for the actions of the accused.

Question 28

THE ACCUSED WAS A PERSON OF SOUND MIND

Answer 28

the accused was capable of understanding that their actions were wrong, therefore forming the intention to commit a crime. This means that the prosecution must establish that at the time of the offending, the accused was capable of understanding that their actions were erroneous and therefore able in forming the mensrea to commit a crime. There wasnt have been no statement of say a any form of dignoses of mental impairment/health issues.

Question 29

THERE WAS MALICE AFORETHOUGHT

Answer 29

must be proven that the accused acted with the intention to kill or cause serious injury to the victim. the prosecution showing that the accused acted with intent to kill or cause serious injury to the victim. involes the idea of premeditaiton, delibreatlyness

Question 30

DEFENCES TO MURDER

Answer 30

- SELF DEFENCE - MENTAL IMPAIRMENT - DURESS - SUDDEN OR EXTRAORDINARYEMERGENCY - AUTOMATISM - INTOXICATION - ACCIDENT

Question 31

self defence

Answer 31

the accused must believe their actions were necessary to protect themselves or another person

Question 32

DURESS

Answer 32

a threat to inflict death or significant injury eg. if you don't kill this person, I will kill your family

Question 33

SUDDEN OR EXTRAORDINARY EMERGENCY

Answer 33

if there is a house flood and only one person can fit on the roof, you may push someone off to save yourself.

Question 34

AUTOMATISM

Answer 34

The critical issue is the absence of the accused's will, not the absence of the accused's consciousness or knowledge. eg sleepwalking.

Question 35

intoxication

Answer 35

not alcohol, includes drug overdose, prescribed medicarion casuing you to do somehting out of your cotnrol qutie psoibily

Question 36

THE ROLE OF STATUTE AND COMMON LAW, CRIMINOLYHU

Answer 36

COMMON LAW: To be convicted of common law murder, a person must have the intention to kill the victim or to inflict really serious injury STATUTE LAW: the role of the 1958 Crime Act is to reflect the possible punishments for murder if convicted

Question 37

CULPABLE DRIVING

Answer 37

driving that leads to death eg. driving under the influence, | reckless driving and caused driving

Question 38

Elements of culpable driving

Answer 38

- THE ACCUSED WAS THE DRIVER OF A MOTOR VEHICLE | - THE ACCUSED CULPABLY CAUSED A PERSON'S DEATH WHILE DRIVING THE MOTOR VEHICLE

Question 39

THE ACCUSED WAS THE DRIVER OF A MOTOR VEHICLE

Answer 39

Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum) or a level 3 fine or both.

Question 40

THE ACCUSED CULPABLY CAUSED A PERSON'S DEATH WHILE DRIVING THE MOTOR VEHICLE

Answer 40

``` by, driving recklessly, negligently and while under the influence of drugs or alcohol. recklessly: the act of driving a motor vehicle in a dangerous manner negligently: the person did not drive with the care and attention that a reasonable driver would under the influence: the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely ```

Question 41

general defences to culpable driving

Answer 41

``` - THE ELEMENTS WEREN'T PRESENT The defendant may argue that one of the elements was not present e.g. the were not driving; they were not driving culpably but that the death was caused by the driving conditions or mechanical failure - DURESS a threat to inflict death or significant injury eg. if you kill this person, I will kill your family - SUDDEN OR EXTRAORDINARY EMERGENCY eg. if your house was on fire but you have to drive with the chance that you could be over the BAC limit, it is considered as a defence - AUTOMATISM the performance of actions without conscious thought or intention ```