Doctrine of Precedent and Court Hierarchy Flashcards
(18 cards)
What are the two main purposes of the Criminal Justice System (CJS)?
- Instrumental or utilitarian
- Symbolic or non-utilitarian
Instrumental focuses on crime prevention and treatment of offenders, while symbolic emphasizes moral principles.
What is the definition of ‘actus reus’?
The physical element of the crime; can be an act or failure to act (omission)
Actus reus identifies the conduct that criminal law prohibits.
What are the four elements needed to establish criminal liability under Western Australia statute law?
- Legal capacity to commit a criminal offence
- Presence of actus reus (criminal act)
- Presence of mens rea (criminal mind)
- Absence of a defence
Examples of defences include provocation and self-defence.
What is meant by ‘mens rea’?
The mental state or guilty mind of the defendant during the commission of a crime
Mens rea can be subjective or objective.
What is the traditional assumption regarding actus reus?
A person is not held guilty for an act unless done with a guilty mind
This reflects the modernist split of body and mind.
True or False: Actus reus must be voluntary.
True
However, it does not require the person to understand the consequences of their act.
What is ‘strict liability’?
A legal standard where a person is guilty once they have committed the act, regardless of mental state
This includes the presumption that no mens rea is required.
What does ‘stare decisis’ mean?
Let the decision stand; the doctrine of precedent in law
It means that like cases should be decided alike.
What is the difference between strict liability and absolute liability?
- Strict liability: requires only the actus reus, presumption of mens rea is displaced
- Absolute liability: guilty regardless of mental state, including honest and reasonable mistake of fact
Courts are reluctant to interpret laws as imposing strict criminal liability.
What role do different agencies of the CJS play?
- Police
- Prosecutors
- Magistrates
- Judges
- Prison personnel
- Probation personnel
Each agency has different aims, which may sometimes conflict.
What does the term ‘ratio decidendi’ refer to?
The reason for a decision in a court case that is binding on future cases
In contrast, obiter dicta are not binding but only persuasive.
Fill in the blank: The lowest court in the hierarchy is the _______.
Magistrates court
It has original jurisdiction for less serious criminal matters.
What is the jurisdiction of the District Court?
Deals with serious criminal offences and civil claims up to $750,000
It has unlimited jurisdiction in personal injury claims.
What types of cases does the Supreme Court of WA handle in its general division?
- Very serious criminal charges (e.g., murder, armed robbery)
- Civil claims over $750,000
It also handles equitable claims and probate matters.
What must one obtain to appeal to the High Court of Australia?
Special leave to be heard
The High Court has both original and appellate jurisdiction.
What is the term for the highest court in both state and federal hierarchies?
High Court of Australia
It handles significant legal matters and appeals.
What does the term ‘obiter dicta’ refer to?
Passing remarks in a case that are not binding but may be persuasive
Only the ratio decidendi is binding.
What is the significance of the court hierarchy to the doctrine of precedent?
Lower courts must apply principles declared by higher courts
Decisions from other hierarchies are persuasive but not binding.
