Criminal Law Flashcards
(17 cards)
What is the difference between murder and manslaughter?
Murder is intentional, manslaughter is without intent
Define Ignorance of the Law - Bona Fide Claim of Right (s22 QCC)
Ignorance of the Law is not an excuse, it does not mean the accused will not be convicted.
Define Homicide (s300 QCC)
Homicide is the offence of killing another person unlawfully. There are two forms, murder and manslaughter.
Define Unlawful Wounding (s323 QCC)
Unlawful Wounding is the wounding of another person unlawfully. For it to apply, all layers of the skin have to be broken, and therefore bleeding must occur.
Define Arson (s461 QCC)
Arson is the offence of wilfully, unlawfully setting fire to things such as buildings, structures or vessels. It must be done without the owner’s consent.
What is Criminal Responsibility?
Criminal responsibility is related to the mental state element of a crime, otherwise known as ‘mens rea’.
Define stealing/theft (offence s398, defined s390 and s391 QCC)
Stealing/theft is the taking/converting property of another with fraudulent intent.
Define Receiving Tainted Property (s432 and s433 QCC)
Receiving Tainted Property is the offence of knowing or suspecting, but still choosing to receive or buy stolen property.
What 3 elements are necessary for Homicide (s300 QCC)?
- Killed
- Another person
- Unlawfully
What 4 elements are necessary for Murder (s305, defined in s302 QCC)?
- Killed
- Another person
- Unlawfully
4A. An intention to kill
4B. Or do grievous bodily harm
What are the NSW laws regarding to One Punch Can Kill cases? (drugs or alcohol)
There is a minimum mandatory sentence of 8 years and a maximum of 25 years imprisonment for cases involving alcohol or drugs.
Define Accident (s23(1)(b) QCC)
An accident is an unforeseen event that the person does not intend or foresee as a possible consequence and an ordinary person would not reasonably foresee as a possible consequence.
Define Provocation (s304 QCC)
Provocation is an excuse used to assist an accused who would otherwise be found guilty of murder (with its mandatory life punishment) to receive the lesser penalty that comes with a manslaughter conviction.
What 4 elements are necessary for Provocation (s304 QCC)?
- A provocative incident;
- the accused must actually have lost control in direct response to the provocation;
- what was said or done to the accused was such that an ordinary person would also have lost their self-control; and
- the accused must have acted suddenly, on the spur of the moment (before there was time for ‘passion to have cooled’ as some cases say).
What was the April 2011 review to the Provocation laws?
That the excuse of provocation does not apply if the sudden provocation is based on words alone, or when there is a relationship between the two people and the sudden provocation is based on anything done by the deceased to end the relationship; or to change the nature of the relationship.
What section is Accident - an Unforeseen Event found in?
Section 23
s23(1)(B) QCC
What section is Provocation found in?
Section 304
s304 QCC
