criminal law Flashcards

Question

death of a human

Answer 1

the victim must be a living person, not an object, animal or unborn child

Answer 2

The accused must have had conscious and deliberate control of their bodily movements when committing the acts that killed the victim. involuntarily example = sleep walking, unintentionally falling over

Answer 3

The prosecution must prove a direct, unbroken causal link between the accused actions and the death of the victim accused act does not have to be only cause but must 1. be a substantial and operating cause of death [significant contributer] 2. have made it a natural consequence for the victim to seek escape [ well founded apprehension of physical harm]

Answer 4

there may be an intervening act that breaks chain of causation - an act of nature such as tidal wave or strike of lightning, must be spontaneous, irregular, unpredictable - medical treatment so palpably or overwhelmingly bad to be considered intervening

Answer 5

1. the accused was a human being [actus reus] 2. the accused act was voluntary [actus reus] 3. the accused caused the death of the victim [ actus reus] 4. the accussed acted with intention or recklessness [malice aforethought/mens rea] 5. the killing was unlawful [ no valid defences]

Answer 6

when the accussed has the desire to harm someone and has planned it previously in their mind can be esthablished if accused 1. intended to kill the victim 2. intended to cause grievous bodily harm

Answer 7

did they act with a conscious desire to bring about death or GBH? did they act with knowledge that the death or GBH was a certain result?

Answer 8

the accused knows that their act will probably kill or likely kil or grievously injure someone but they go ahead and commit with reckless indifference

Answer 9

did they realise the death of the GBH was a probable consequence? did the accused expect death or GBH to be a likely result?

Answer 10

can be raised if 1. they believed their actions were necessary to protect themselves or others from death or GBH 2. perceived there actions to be a reasonable response in the circumstances

Answer 11

1. put yourself in the shoes of the accused and examine situation from there perspective fraility, weakness, diff in body size and age, use of weapons, and history of violence are all key factors 2. prove the accused believed it was honestly necessary to defend themsleves 3. based on the sit and how the accused percieved it was their response reasonable

Answer 12

can be raised if 1. a threat of death of grievous bodily harm will be carried out unless they commit a crime 2. only way to escape threatened harm 3. the conduct was reasonable response to threat cannot if they were voluntarily associated eg apart of a gang

Answer 13

can be raised if 1. there was a sudden or extraordinary emergency involving death or grievous bodily harm 2. their actions were the only way to deal with the situation 3. there conduct was a reasonable response/proportionate

Answer 14

crimes act 1958 vic outlines the max penalty of life imprisonment, however court sets non parole period vic parliament has set standard sentence of 25 years [or 30 for emergency or custodial worker] the standard should be imposed for middle of the range murder offences

Answer 15

general downward trend sentenced to murder decreased from 27 in 2017 to 12 in 2022 number of recorded murder offences per 100,000 is stable dropping from 0.9 in 2019/20 to 0.8 in 2022

Answer 16

number of recorded murder offences have increased from 1.6 per 100,000 in 2019 to 2.4 in 2023

Answer 17

loss of life for victim long lasting psychological harm for the victims family and friends eg shock, grief, anger, emotional trauma victim could of been financial provider media scrutiny

Answer 18

erodes public confidence in the ability of police government and justice system public may feel vunrable and cautious infuence activisim

Answer 19

term of imprisonment potentially for life incur costs from defending themselves and loss of income shame, remorse, guilt limited prospects of rehab hard to get back into society from stigmas

Answer 20

all people can participate in the justice system and its processes should be impartial and open

Answer 21

all people engaging in the justice system should be treated in the same way, if the same treatment causes disparity of disadvantage adequate measures should be implicated to allow all to engage in the system without disparity of disadvantage

Answer 22

all people should be able to engage with the justice system and its processes on an informed basis engagement - utilise, interact with informed - awareness of processes and procedures, awareness of rights

Answer 23

1. the accused was driving a motor vehicle [AR] 2. the driving was culpable [MR] 3. the culpable driving caused the death of the person [AR]

Answer 24

is a vehicle that is propelled by a motor and is normally used on a highway includes = cars, buses, trucks, motorbikes doesnt include = trains, trams, motorised wheelchairs or bicycles

Answer 25

driving means the person has substantial control of the movement and direction of the motor vehicle no clear definition of driving but issue may be contested if the vehicle was not fully operational the vehicle was not propelled by its own motor force the vehicle was stationary

Answer 26

the accused had to be driving in one of the following ways 1. recklessly - driver was aware there was a substantial risk that another could die of be injured yet disregards risk 2. negligently - driver fails to a high degree to observe the standard of care that a reasonable person would of observed 3. under influence of drugs and alcohol - consumption made them rendered incapable of properly controlling the vechile

Answer 27

if driver was driving in a reckless or negligent manner which needs to be proven to be a substantial and operating cause of death if affected by alcohol or drugs and were incapable of controlling vehicle the prosecution needs to prove there driving was a substantial and operating cause of death

Answer 28

maximum penalty is 20 years, with a max fine of $460,000 offenders over 18 must be sentenced to imprisonment when setting non parole court must consider the standard sentence of 8 yrs

criminal law Flashcards

(52 cards)