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Legal Studies > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

What is a crime?

A

Criminal offence committed against THE STATE that inflicts HARM on another individual/society

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2
Q

Two Main Sources of Law

A

Common law is decisions made by judges about issues arising in court

Statute Law is passed by parliament, and most common form of law

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3
Q

3 Rights and Responsibilities

A
  • Conducting Searches
  • Arrests (Being arrested)
  • Age of criminal liability (doli incapax)
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4
Q

What are the Instances when Police have right to conduct searches of people and property.

A
  • You agree, They have a warrant,
    w/o warrant if:
  • suspect illegal drugs, weapons
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5
Q

When can police arrest you?

A

When they reasonably believe you have broken the law, have an arrest warrant or know you are at risk of a family member

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6
Q

Explain Doli Incapax

A

Doli incapax applies to ages 10-14, declaring they cannot form an intention to commit a crime (unless established by prosecution)

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7
Q

Stakeholders of a criminal situation:

A

Victim: person who has suffered a loss due to the actions or omissions of another

Accused: person who is charged with a crime and must stand trial in a court of law to determine if they’re guilty

Suspect: person who is thought to have committed the crime and is being investigated

Witness: person who has seen or heard information relevant to an alleged crime

Offender: person who has broken the law

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8
Q

Explain the Element of an Offense

A

EOA are facts that must be proven to find the offender guilty.

  • Actus Reas (wrongful mind)
    AR is the physical action done which is a criminal act
  • Mens Rea (guilty mind)
    MR refers to a person’s understanding of the quality and nature to the crime and if it’s wrong
  • Exceptions include ‘Strict Liability Offences’
    Do not require Mens Rea, only Actus reas (intent doesn’t matter)
    EG. Speeding
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9
Q

Principal Offenders vs Accessories

A

PO’s commit the crime, even if they Aid, Abet, Counsel and organise before the indictable offence,
Accessories assist after the crime, by knowingly impeding the Apprehension (arrest), Prosecution (during court), Conviction (finding of guilt) and Punishment (sentence) of the PO.

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10
Q

Define “Charge”, “Bail”, and “Remand”.

A

Charge: formal accusation that someone has committed a crime

Bail: Process whereby someone has been arrested and charged, but has been released from custody into the community while awaiting next court hearing

Remand: Held in custody, awaiting trial

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11
Q

Purpose of a committal hearing?

A

= a “preliminary hearing” in the Mag. Purpose is to determine if their is sufficient evidence for the accused charged of an indictable offence to go to trial.

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12
Q

Explain the Guilty plea and Not Guilty plea

A

Guilty plea; no need for trial and straight to sentencing hearing

Not Guilty plea: trial will proceed in relevant court

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13
Q

Explain the Role of the Court

A

to interpret and apply the law, determine the verdict, and impose a suitable penalty for those who have broken the law.

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14
Q

Explain Burden of Proof (responsibility of prosecution)

A

prosecution has the Burden of proving the guilt of the accused

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15
Q

Explain Standard of Proof (level of evidence)

A

level the evidence must reach to establish the accused is guilty BRD (Beyond Reasonable Doubt).

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16
Q

Criminal Trial Process

A
17
Q

What is Statutory Interpretation

A

When judges/magistrates interpret and apply legislation.

18
Q

Explain the Role of the Jury

A

to determine questions of fact and to apply the law to those facts, and reach a verdict

19
Q

Categories for Potential Jurors

A

Ineligible: eg. Those working in legal system

Disqualified: eg. convicted of treason

Excused: eg. illness

Eligible: eg. Australian Citizen

20
Q

Strengths of Jury System

A

Allows spread out decision making, and less concentration on judge (12v1)

Allows transparency of the legal system, as the community can act as a check and balance

21
Q

Weaknesses of the Jury system

A

Jury can be bias, as they don’t need to provide reasoning for the verdict

Ordinary citizens don’t have training to understand the law and make informed decisions

22
Q

What is Homicide?

A

when a criminal act has caused the death of a human (eg. murder, manslaughter)

23
Q

What is murder?

A

Most serious indictable offence, punishable by imprisonment. Crime against a person.

24
Q

7 Elements of a Murder

A
  1. Accused must be a person
  2. Victim must be a person
  3. Accused must be above age of discretion (<10)
  4. Killing must be unlawful
  5. Accused must have sound of mind (must’ve known consequences of actions)
  6. Accused must have caused death of the victim (Causation- Actus Rectus)
  7. Accused must have possessed malice aforethought
    (Intended to kill, intended to inflict serious bodily harm, or acted with reckless indifference)
25
Q

What is Manslaughter?

A

When someone kills unlawfully, but didn’t posses MALICE AFORETHOUGHT. meaning they did not intend to kill, inflict SERIOUS bodily harm, or act with “reckless indifference”

26
Q

2 Defences to Murder

A

Self Defence (aim of acquittal)

Mental Impairment

27
Q

Explain Self Defence

A

SD argues that accused committed JUSTIFIABLE HOMICIDE as the response to the threat was “reasonable” and “necessary” in order to defend their life or another’s. Conduct must be a proportionate response to the threat.
- Crown must rebut these claims

28
Q

Explain the defence of Mental Impairment

A

Must be established that at the time of committing the crime the accused;
- was suffering from mental impairment resulting in them not knowing the nature/quality of the conduct; or
- them not knowing the conduct was wrong
t/f person must be found Not Guilty

29
Q

Explain Theft

A

When a person “dishonestly appropriates property” belonging to another, with the intention of “permanently depriving” the other of it

30
Q

Explain the Elements of Theft

A

Dishonesty: knowing there is no legal right to take property

Appropriation of property belonging to another: took property without consent of the owner. Must interfere with, or assume the rights of the owner (eg. keeping item)

Intention to permanently deprive: the accused intends to assume the rights of the owner, or not give it back.
- eg. returning ‘equivalent’ property
- eg. keeps property for long time

31
Q

Identify and Explain the Defences to Theft

A

Mental Impairment: at the time of the offence the accused had limited understanding of nature + quality of their actions and did no understand their actions were wrong.

Duress: had reasonable belief that a threat of harm exists, and would be carried out unless the offence was committed, making it the only reasonable response to the threat

Sudden or extraordinary emergency: actions were the only way of dealing with the emergency, and were a reasonable response to the situation.

32
Q

Explain the Objectives of Criminal Sanctions

A

Punishment: fairly punish the offender of the harm caused by their crime

Deterrence: avoid recidivism (specific) and to discourage society to commit the crime (general)

Denunciation: to condemn the offence committed and show them that society thinks their actions are wrong

Rehabilitation: to help offender learn error of their ways

Protection: to ensure safety of he community of the actions of the offender

33
Q

Types of Criminal Sanctions

A

Fine: Monetary penalty paid by offender to the state

CCO: more serious than fine, allows offender to remain in community whilst adhering to T+C’s

Imprisonment: Most serious sanction, as the offender’s liberty is stripped away.

34
Q

Aggravating vs Mitigating factors

A

AF: factors that increase the seriousness of the crime, t/f increasing the severity of the sanction. eg. use of weapon

MF: factors that decrease the seriousness of the crime, t/f decrease the criminal sanction. eg. first offence

Legal Studies (3 decks)

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