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Criminal Law Test Flashcards

(61 cards)

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1
Q

What are the principles of criminal liability?

A

Burden of proof and standard of proof.

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2
Q

What is the burden of proof?

A

In criminal proceedings the prosecution has the burden of proving that the accused is guilty.

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3
Q

What is the standard of proof?

A

In criminal trials the prosecution must prove that the alleged offender is guilty of a crime beyond reasonable doubt, this is know as the standard of proof.
Magistrates court: A magistrate.
County and Supreme court: A jury of 12.

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4
Q

What is the presumption of innocence?

A

A person is presumed innocent until he or she is proved to be guilty.

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5
Q

What is the age of criminal responsibility?

A

It is presumed that a child under the age of 10 years cannot form the intention to commit a crime and therefore cannot be charged with committing a crime.

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6
Q

Accused.

A

A person or offender who has been accused of a crime.

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7
Q

Prosecution.

A

The person proving the case on behalf of the state.

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8
Q

Participant.

A

A person who is involved in the crime. (Before or after).

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9
Q

Accessory.

A

An accessory to a crime is any person who knowingly obstructs the apprehension, prosecution, conviction or punishment of the main offender.

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10
Q

Main offender (Principal offender).

A

Anyone who aids, abets, counsels or organises an indictable or summary offence.

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11
Q

Doli incapax.

A

It is assumed that a child between the ages of 10 and 14 is mentally incapable of committing a crime, this is know as doli incapax.

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12
Q

Can Doli Incapax be overturned?

A

This principle can be overturned if it can be shown that the child had a mischievous personality and knowledge that what he or she was doing was wrong.

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13
Q

Murder

A

Murder is the unlawful killing of another person with malice aforethought, by a person who is the age of discretion (10 years old and over) and of sound mind.

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14
Q

What is the maximum penalty for murder?

A

Life imprisonment

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15
Q

What are the elements of murder?

A

The killing was unlawful, the accused was a person over the age of discretion, the victim was a human being, the accused was a person of sound mind, the accused caused the victims death and malice aforethought existed.

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16
Q

What are examples of lawful killing?

A

The use of the death penalty in countries where capital punishment is legal, a soldier killing an enemy soldier in battle or a person acting in self-defence and a court considers such action as reasonable.

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17
Q

What are the elements of malice aforethought?

A

An intention to kill, intention to inflict serious injury, reckless indifference, an intention to assault a person who was trying to make a lawful arrest, which resulted in that person’s death and the unintentional killing in the process of committing a violent crime that is punishable by imprisonment of 10 years or more.

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18
Q

What is manslaughter?

A

Manslaughter applies in situations where death occurs as the result of criminal negligence or an unlawful or dangerous act.

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19
Q

Criminal negligence.

A

The accused must owe the victim a duty of care. The accused actions or inaction must fall below the expected standard of care that a reasonable person would have exercised in the same situation.

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20
Q

Unlawful or dangerous act.

A

The actions of the accused were unlawful and so dangerous that a reasonable person in the same circumstances would of realised that it was highly likely a person would die or be seriously injured.

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21
Q

What is defensive homicide?

A

Defensive homicide is where the accused thought he or she was acting in self defence but the court found the beliefs or actions of the accused unreasonable.

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22
Q

What is the maximum penalty for manslaughter?

A

20 years in prison.

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23
Q

What is the maximum penalty for defensive homicide?

A

20 years in prison.

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24
Q

What is infanticide?

A

Where a mother kills a child (under 2 years of age) while affected by a mental condition caused by the child’s birth.

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25
What is the maximum penalty of infanticide?
5 years in prison.
26
What is child homicide?
A person who kills a child who is under 6 years of age, in circumstances that would normally be called manslaughter.
27
What is the maximum penalty of child homicide?
20 years in prison.
28
What is culpable driving causing death?
A person can be found guilty of culpable driving causing death if that person was responsible for the death of another road user while driving a motor vehicle.
29
What is the maximum penalty of culpable driving?
20 years in prison.
30
What is dangerous driving causing death?
A person who drives a motor vehicle at a speed or in a manner that is dangerous to the public and thereby causes the death of another person.
31
What is the maximum penalty of dangerous driving?
10 years in prison.
32
What is rape?
Rape is the unwanted sexual penetration. This includes penetration of the vagina, mouth or anus of another person and includes penetration with a penis, another part of the body or an object.
33
What is the maximum penalty of rape?
10 years in prison.
34
What is assault?
Assault is the direct or indirect application of force by a person to the body, clothing or equipment of another person, where the application of force is without lawful excuse and intentional or reckless and results in bodily injury, pain, discomfort, damage, insult or deprivation of liberty.
35
What is the maximum penalty of assault?
5 years in prison.
36
What is kidnapping?
A person can be found guilty of kidnapping if he or she detains another with the intention of demanding payment or a ransom for the release of the person or if he or she detains another with the intention of gaining an advantage (of any sort) even if no demand or threat is made. y
37
What is the maximum penalty of kidnapping?
25 years in prison.
38
What is blackmail?
Blackmail is when a person makes unwarranted, menacing demands or threats with the intention of obtaining some personal gain or causing loss to another.
39
What is the maximum penalty of blackmail?
15 years in prison.
40
What is theft?
Theft is an indictable offence that involves dishonestly taking (stealing) a person's property with the intention of permanently depriving the person of it.
41
What is the maximum penalty of theft?
10 years in prison.
42
What is burglary?
A person is guilty of burglary if he or she enters any building as a trespasser with the intent to steal, assault a person or damage the building or property.
43
What is the maximum penalty of burglary?
10 years in prison.
44
What is robbery?
A person is guilty of robbery if he or she uses force on any person, or puts any person in fear of force being used on him or her, immediately before or during the act of stealing.
45
What is the maximum penalty of robbery?
15 years in prison.
46
What is fraud?
Fraud is divided into a series of offences including the offence of obtaining property by deception with the intention of permanently depriving the other person of it and obtaining financial advantage by deception.
47
What is the maximum penalty of fraud?
10 years in prison.
48
What are the elements of culpable driving?
Driving recklessly, driving negligently, driving under the influence of alcohol or a drug to the extent of being incapable of properly controlling the vehicle.
49
Self defence.
Had a belief that it was necessary to act to defend themselves or another person from serious harm or injury and had reasonable grounds for this belief. Usually the threat must be immediate.
50
If a court believes your response of self defence was not reasonable, what two outcomes can occur?
Defensive homicide or Murder.
51
Automatism.
This defence is concerned with involuntary actions. The accused must prove that their actions were involuntary: done by muscles without any control of the mind e.g spasm. Or done by a person who was not conscious of what they were doing e.g sleepwalking.
52
How convincing does the evidence for automatism need to be?
On the balance of probabilities.
53
Mental impairment.
Replaced insanity. The defence must prove the person was suffering a mental illness at the time of the crime and as a result the person did not know what he or she was doing because they had little understanding of the nature and quality of their actions or did not know the conduct was wrong or could not reason, or think about their conduct like an ordinary person.
54
What is the outcome of mental impairment?
Will most likely be found guilty of a supervision order.
55
Duress.
Contains three elements, a threat of harm will be carried out unless the person commits a crime, committing a crime is the only reasonable way of avoiding the threatened harm or their conduct is a reasonable response to the threat made.
56
Outcome if duress is successfully argued?
Acquittal.
57
Outcome if self defence is successfully argued?
Acquittal.
58
Outcome if automatism is successfully argued?
Acquittal.
59
Outcome if intoxication is successfully argued?
Self induced: no defence. | Not self induced (e.g spiked) : Can rely on intoxication as a defence and can be acquitted.
60
Intoxication.
Usually only accepted as a defence if the accused is so drunk or affected by drugs that he or she cannot form the intention to commit the crime.
61
Consent.
The only defence to rape is consent which means 'free agreement'. Silence is not consent.

Legal Studies (2 decks)

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