criminal terms to know Flashcards
(21 cards)
actus reus
the physical criminal act - the quilty act
e.g in the offence of murder the actus reus is killing the another person
summary offences
(non-indictable) less serious crime offences heard by a magistrates court. e.g traffic offences or minor crimes
indictable offences
more serious criminal offences that require a committal hearing and trial in the district or supreme court e.g murder, grevious bodily harm
mens rea
the mental element associated to the physical act - the quilty mind
e.g in the offence of murder, mens rea is the intention to kill or do grievous bodily harm to that person
alleged
accused but not proven or convicted of the offence
accused
has been charged with a crime or other offense
witness
gives evidence of the of a crime, oral evidence
suspect
a person if found committing an offence or is reasonably suspected of having committed an offence
victim
the person that the accused has committed hte crime against
evidence
evidence is gathered to charge somebody or prove their alibi
e.g oral, fingerprint, crime scene or DNA evidence
offender
a person who commits an illegal act
warrants
police use warrants if they require to search a place or to arrest a person
arrest
a person upon reasonable suspicion can be arrested and requires them to be brought before justice
charge
a person that is charged with an offence
summons
document ordering a person to appear at a certain court, on a day and the time
the rights and responsiblities of the police in a criminal investigiation
Police are given special investigation powers. Under the Police Powers and Responsibility Act 2000, this outlines the power given to the officers to carry out their duties it also protects individuals of their liberties and rights as citizens
section shows that the police require warrants to search a place
Under section 151 of the act list grounds for a warrant
role of police in criminal investigation
Police gather evidence using their powers to determine whether there is sufficient evidence and satisfied that all the facts make up the elements of an offence and are provable against a person, they will charge that person with the offence.
section 51
sets out power which can be exercised by the commonwealth or states in relation to most law-making powers is commonwealth choose not to pass
section 109
If a state passes a law that conflicts with or has a different outcome from a commonwealth law the law section 109 of the constitution provides that the commonwealth law will override that of the state
elements of an offence
The elements are all the facts necessary to prove the offence beyond reasonable doubt
