Murder Unit Flashcards
(33 cards)
What is the presumption of innocence?
Presumed innocent until proven guilty - guaranteed that the accused is to be treated as innocent until the charge is proved beyond reasonable doubt.
Define criminal law
A body of law that aims to to protect the community by defining what is considered a crime and outlining penalties (or sanctions) for people who commit crimes.
How does criminal law achieve its purpose?
1) Establish the law- statute, common law (courts)
2) enforce the law- police and delegated bodies
3) decide who’s guilty- court
4) impose sanctions on offenders- aim to punish, deter others from crime
What are the purposes of criminal law?
1) protect individuals-establish crimes and punish those who commit
2) protect property- personal and public
3) protect society- physical, social and financial aspects of society
4) maintain public order and security- sets standards of behaviour
5) protect the legal system- takes enforcement out of the hands of society so they don’t become lawless
6) protect rights and culture- protect human freedom
7) improve society- deter people from committing crimes & offering the chance of rehab
Define a crime
An act or omission that is
- against an existing law
- harmful to an individual or society
- punishable by law
What are some effects of a crime?
- Criminal acts can have an impact on both victim and society
- Harm to an individual may be physical, financial or psychological
- Goes against accepted behaviour
What are some ways to protect the presumption of innocence?
- burden of proof is prosecution
- case against a person must be proven beyond reasonable doubt
- person acted on own free will
- police must reasonable believe a person has committed a crime before they can arrest them
- right to apply for bail and be granted
- right to appeal to wrongful conviction
- right to remain silence (silence must not be taken as a sign of guilt)
- right to legal representation in court (eg legal aid)
What are strict liability crimes?
Where only the physical element is required or relevant.
What is an accessory to a crime?
Accessory does something to try and stop the offender being arrested, prosecuted, convicted or punished for the indictable offence.
Describe the ages of criminal responsibility
- under 10 too young for men’s Rea (can’t be charged)
- 10-14 doli incapax (incapable of evil, can’t be charged unless overridden by prosecution)
- above 14 can be charged
What are the types of crimes?
Crimes against the person, property and deception offences, drug offences, public order and security breaches, crimes against the legal system, other/rights & culture offences
Distinguish between summary and indictable offences
Offences listed in the crimes act and wrongs act are indictable offences unless stated otherwise. offences in all other acts are presumed to be summary offences, unless specified as indictable.
Describe indictable offences
Heard by a judge and jury, include common law offences and all offences in the crimes acts unless stated otherwise
Describe indictable offences heard summarily
Indictable offences that are punishable by 10 years or less, or a fine of 1200 penalty units or less (or both). It’s when they are heard in a lower court if the accused and the court agree. It’s cheaper and means less jail time.
When is a person involved in a crime?
If they;
Intentionally assist, encourage or direct another person do commit a crime
Make an agreement to commit a crime together
Intentionally assist, encourage or direct another person to commit one crime knowing that it’s likely another one could take place (eg armed robbery-murder)
Making an agreement to commit a crime together knowing it’s likely another could occur
What is the difference between being involved in a crime and being an accessory?
Accessory helps an offender get away with a crime after it has been committed, whereas a person involved has a role in committing the crime before or during the offence.
What are the six elements of murder?
- victim was human being
- the killing was unlawful
- accused is of age of discretion
- accused caused victims death
- accused was of sound mind
- malice afore thought existed
What might break the casual chain of murder?
A new intervening action. Eg. Someone punches someone and they become unconscious, lightning hits them and they die.
What are the different types of malice?
- intention to kill
- intention to inflict serious injury
- intention to assault a person during a lawful arrest resulting in death
- reckless indifference
- unintentionally killing in the process of committing a violent crime
What are the five defences of murder?
- self defence
- mental impairment
- duress
- sudden or extraordinary emergency
- involuntary actions (intoxication, accident, automatism)
What is a principal offender?
A person who has carried out the acts reus and therefore directly committed an offence
What is the role of common law in murder?
The six elements of the offence and the interpretation of them come from common law cases. Some of the defences also come from common law eg intoxication
What is the role of parliament in murder?
They have abolished;
particular defences e.g. Provocation (if you were provoked you could use this defence to reduce a murder charge to manslaughter
particular types of murder that were their own offence e.g. ‘felony murder rule’.
They also added “defensive homocide” for domestic abuse situations
Why do we need laws
Protect individual protect community, effective function, resolution of disputes
