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year 11 legal > criminal law > Flashcards

criminal law Flashcards

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1
Q

criminal law

A

an area of law that aims to protect society from harm by defining prohibited behaviour and outlining sanctions for those who participate in illegal conduct

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2
Q

crime

A

an act or omission that violates an existing law, causes harm to an individual or society and is punishable by law

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3
Q

types of law

A

crimes against the person
crimes against property
drug offences
public order and security offences

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4
Q

parties

A

prosecution, OPP or both
the accused

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5
Q

civil law

A

an area of law that aims to protect individuals, businesses and organisations by providing them with the legal framework to seek a remedy when their rights have been breached by another part

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6
Q

types of civil law

A

tort law contract law
family law
industrial and workplace law
consumer law

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7
Q

parties (civil)

A

plaintiff
defendant

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8
Q

standard of proof (criminal)

A

beyond reasonable doubt is guilty
x other logical / rational possibility that accused is guilty

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9
Q

sanctions (criminal)

A

fines
imprisonment
aims to protect society / uphold principle of justice

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10
Q

burden of proof (criminal)

A

on prosecution
meaning to bear of responsibility of proving facts of case and the guilt of accused

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11
Q

standard of proof (civil)

A

plaintiff must prove the defendant is liable on the balance of probabilities

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12
Q

remedies (civil)

A

compensation for loss/ harm -> return to their original position

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13
Q

burden of proof (civil)

A

on plaintiff
responsible for proving the defendant is liable for the actions that has caused loss and harm

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14
Q

legislation

A

serious offences are found in the victorian crimes act 1958
minor offences = summary offences act 1966

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15
Q

purposes of crime

A

protection of society
deterrence of crime
protect justice and rule of law
set minimum standards for behaviour

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16
Q

protection of society

A

aim of this purpose is to reduce dangers and chaos in society, to ensure individuals in the community are safe and prevented from experiencing harm

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17
Q

deterrence of crime

A

offenders who have pleaded guilty guilty/ found guilty of a crime are given an appropriate sanction to discourage them and others from committing the same action

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18
Q

set minimum standard for behaviour

A

to regulate how each person in society should act and establish punishments they will prescience if they do not act in a certain way

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19
Q

protect justice and rule of law

A

to provide justice for victims of a crime, alongside their friends and family. to uphold fairness, those who commit crimes must face consequences for their actions

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20
Q

crimes against the person

A

acts that either cause harm to another individual or pose a threat of harm to them

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21
Q

crimes against property

A

employ force or deceit to acquire, damage or demolish property

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22
Q

legislation for the presumption of innocence

A

section 25 of charter of rights and responsibilities act 2006 (vic)

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23
Q

actus reus

A

wrongful act - the physical element of a cime and refers to the wrongful acts or omissions the offender must have undertaken as part of a crime

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24
Q

mens rea

A

guilty mind - the mental element of a crime

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25
example of actus reus
stabbing punching spray painting someone's fence failing to put seatbelt on toddler
26
examples of mens rea
purchase of weappin contacting another offender to assist
27
strict liability offences
type of offence that does not require mens rea element of the crime to be satisfied to find the guilty
28
examples of strict liability
speeding / running a red light serving an underaged person alcohol at a licensed venue
29
age of criminal responsibility
age at which the law considers a child capable of understanding their wrongful action therefore face criminal charges
30
doli incapax
'incapable of wrong' assumption is applied to children below 10 years because incapable of possessing criminal intent / too young to understand the criminal nature
31
children under 10 years
cannot be arrested, charge / found guilty to doli incapax
32
children aged between 10-13 years
if prosecution wishes to charge a child between ages with offence, must prove that the child understood that the act was a crime and behaviour was wrong if x established -> child released on doli incapax
33
children 14 + above
children above 14 + below 18 can still be charged with a criminal offence they will have the matter dealt with in the children's court with matter proceeding to superior courts
34
summary offences
a criminal offence that is considered less serious in naturel
35
legislation for summary offences
summary offence act 1966 (vic)
36
features of summary offences
less serious in nature heard via hearings in magistrates court no committal proceedings no jury sactions imposed are usually fines
37
indictable offences
criminal offences that are considered more serious in nature than summary offences
38
indictable legislation
victorian crimes act 1958 (vic)
39
features of indictable offences
more serious in nature heard via trials in county and supreme court committal proceedings jury of 12 sanctions are comunity correction order (cco) imprisonment
40
indictable offences heard summarily
indictable offences that are considered less serious and consequently can be heard in the megistrates court, similar to the way inwhich summary offences are heard
41
legislation for indictable offences heard summarily
criminal procedures act 2009 (vic)
42
eligible for indictable offences heard summarily
the offence must not be punishable by a maximum term exceeding 10 years imprisonment the court must agree accused must also consent matters involved theft / burglary less than $100,000
43
purpose of indictable offences heard summarily
takes less times as the accused x have to wait for a jury to be empanelled costs both the courts and accused less money since the magistrates' court is used and the accused may not have to spend more money on hiring legal representation save court resource as it prioritises more serious cases to be heard in supreme courts
44
principle offender
the individual who commits the offence and / or directly involved in the enactment of the crime
45
legislation for principle offender
crimes act 1958 (vic)
46
considered a principle offender
assist encourage directly commits the act enters an agreement, arrangement/ understanding
47
accessories
only person who knows or believes that a person is guilty of a serious indictable offence and, acts to prevent the arrest, prosecution or punishment of that person
48
legislation for accessories
crimes act 1958
49
considered an accessory
hiding a principle offender hiding, destroying or tampering with evidence providing an alibi for a friend who has been driving under the influence driving a getaway car after a robbery helping a criminal suspect escape arrest
50
murder
the unlawful and intentional killing of a human being by a person who acted voluntarily and without an y lawful justification
51
elements of murder
the victim was a human being the victim died the accused must be over the age of discretion the act was voluntary (actus reus) causation
52
the victim was a human being
must be a living person, not an object, animal or unborn child
53
the victim died
'death' is defined to mean the irreversible cessation of circulation of blood in the body, or the irreversible cessation of all function of the brain
54
the accused must be over the age of discretion
10 years and above
55
the age was voluntary
voluntary act = accused must have had deliberate and conscious control of their bodily movement when committing the acts that killed the victim - involuntary = sleepingwalking etc
56
causation
the accused's actions must have contributed directly and substantially to the victims death 1- direct and unbroken link b/w actions and death of victim 2- substantial and operating 'but for' = test utilised in murder cases to determine the extent to which the accused's actions caused the death of the victim 3- natural consequence test - the victim to seek escape
57
intervening act (novus actus interreniens)
breaks the chain of causation when broken, there is no longer a direct link between their actions and death of victim
58
examples of intervening act
the act of nature ( wave, lightning) -> must be spontaneous, irregular and unpredictable medical treatment must be so palpably or overwhelmingly bad to be considered intervening act egg shell skull rule -> accused must take their victims as they find them unless the victim act in an unreasonable way, their particular beliefs, allergies or sensitives are not considered to be an intervening act
59
malice aforethought
malice -> the desire to harm someone aforethought -> previously in mind thinking about harming someone before you harm them
60
intentional murder
malice aforethought will be established for intentional murder, if: the accused causes the death of another with the specific intention to kill or causes serious physical injury
61
grievous bodily harm
really serious injury / includes unconsciousness
62
reckless murder
the accused knows that their act will probably or likely kill or grievously injure someone, but they nevertheless go ahead and commit that act with reckless indifference as to the consequences
63
subjective mindset
did the accused realise that death or GBH was a probable consequences? did the accused expect death or GBH to be the likely result (there is no objective test; it is not sufficient for the danger to be obvious to a reasonable person or jury )
64
unlawful killing
nearly all killing are unlawful with certain exceptions use of death penality soldiers killing an enemy in battle a person acting in slef defence or under duress and the court considers the actions reasonable
65
defences to murder
cast doubt on 1 of the elements of murder raise a specific legal defence to justify their actions
66
onus of proof
3 specific defences: 1- accused must first present sufficient evidence to suggest that the defence is relevant (evidentiary burden) 2- the responsibility falls upon the prosecution to disaprove the element of the defence beyond reasonable doubt (legal burden)
67
self defence (murder)
1- honest belief that their actions were necessary to protect themselves/ someone else from death/ GBH 2- percieved their actions to be a reasonable response in the circumstances
68
duress (murder)
the circumstances must have been such that the accused's will was really and absolutely controlled, that s/he became a mere innocent instrument of the crime
69
the accused could raise this defence if they reasonably believed
1- a threat of death or GBH will be carried out unless they commit a crime 2- committing a crime is the only way to avoid the threatened harm; 3- their conduct is a reasonable response to the threat made -> subjective test is used to determine whether the belief is 'reasonable' by the accused
70
sudden or extraordinary emergency (murder)
1- there was a sudden or extraordinary emergency involving death or GBH 2- their actions were the only way of dealing w/ the situation 3- their conduct was a reasonable response to the situation
71
custodial sentence
a sentence that requires time in custody requires restriction of a persons liberty
72
non-custodial sentence
an order made by the court that allow a person charged with an offence to live in community while reciecing treatment for mental illness
73
non-parole period
minimum time before the offender must serve in prison before being eligible for parole
74
physical impact of murder on individuals
research has shown that serveral physical health problems may occur for those close to a murder victim e.g grief, insomnia for offender -> minor /severe injuries in commission
75
psychological impact of murder on individuals
family and friends of murder victims can experience psychological impacts eg PTSD for offender -> guilt, regret, remorse, shame
76
economic impact of murder on individuals
where victim is the primary financial provider for a family, whole family may suffer economically b/c x income offender -> loss of earning due to unable to work due to remand / imprisonment cost of legal representation
77
social impact of murder on individuals
in prison, accused may face neg. impact on social life as x able to regularly see family and support network increase stress and murder -> discomfort, strain and distress in relationship for family
78
economic impact of murder on society
increased rate of murder -> unsafe reputation -> lack of ppl. living in that area which can decrease house prices and decreases business income cost on society -> increase workload on police -> funded by tax payers
79
social impact of murder on society
members within communities increase murder -> fear, constant worry hostility towards certain groups -> responsible for increase crime rates
80
legal impact of murder on society
violent crime -> gov't pass harsher laws -> decreased frequency of murder murder imposes cost on a society as offender must be tried and imprisoned increased pressure on courts
81
health impact of murder on society
health community could be impacted on member of society may witness to murder -> PTSD

year 11 legal (5 decks)

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