legal sac Flashcards
A crime
An act or omission to act which is harmful, immoral, harmful to society, and punishable by law
Actus reas
Guilty act
Mens rea
Guilty mind
Strict liability crime
Where culpability for a crime can be proven without mens rea (e.g underage drinking)
Standard of proof
The degree or extent to which a case must be proven in court beyond reasonable doubt
Doli incapax
A child between ages of 10 and 13 must prove mens rea to be charged of a crime
How old can you be to be charged normally with a crime
14
Burden of proof
The responsibility to prove the allegations made in a case. The burden of proof is held by the prosecution
6 divisions of crime
-Crimes against the person
-Property and deception offences
-Drug offences
-Public order and security offences
-Justice procedures offences
-Other offences
Indictable offences
Serious crimes generally heard and determined in the higher courts (supreme and county courts) and before a judge and jury. The final hearing is known as a trial
Summary offences
Minor crimes heard and determined in the magistrates court by a magistrate. The final hearing is known as a hearing.
Principal offender
A person who commits an offence, and commits actus reas and mens rea, even if they are just involved in a crime like assisting or encouraging the crime
Accessory
A person who, without a lawful excuse, does an act to help another person who has committed a serious indictable offence, to avoid being apprehended, prosecuted, convicted or punished.
General defences to murder
-Self defence
-Mental impairment
-Duress
-Automatism
-Intoxication
-Sudden or extraordinary emergency
-Accident
Elements of murder
-The killing was unlawful
-The accused acts were voluntary
-The accused committed acts that caused the victims death
-The accused acted with the intent to kill or cause serious harm
