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legal studies 1/2 > outcome 2 > Flashcards

outcome 2 Flashcards

1
Q

Criminal law exists to…

A
  • Protect individuals
  • Protect property
  • Protect society
  • Protect justice
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2
Q

What is the presumption of innocence

A

The presumption of innocence is a guarantee by the state that if its citizens are accused of committing a crime, the will be treated as not guilty until the charge has been proved beyond a reasonable doubt.

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3
Q

How is the presumption of innocence protected?

A
  • The standard of proof is beyond reasonable doubt
  • The burden of proof is on the prosecution
  • Police must reasonably believe a person has committed a crime before arresting them
  • An accused has the right to legal representation
  • An accused has the right to silcence
  • Previous convictions cannot be revealed in court until sentencing
  • A person who has been convicted of a crime has the right to appeal
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4
Q

Define standard of proof

A

The strength of evidence needed to prove a legal case. In a criminal case, the prosecution must prove the case beyond reasonable doubt.

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5
Q

Define burden of proof

A

The burden of proof is the responsibility to prove the allegations made. In a criminal case, the burden of proof is held by the prosecution. The defense DOES NOT need to prove innocence.

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6
Q

Elements of crime

A

Actus reus, mens reus

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7
Q

Define actus reus

A

Prosecution proves that the accused physically committed the crime

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8
Q

Define mens reus

A

Prosecution proves that the accused had the intention to commit the crime

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9
Q

Define crime

A

A crime is an act or omission that is against an existing law, harmful to an individual or to society and punishable by law.

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10
Q

Define strict liability

A

Crimes of strict liability are offenses that do not have a mental element. The prosecution is only required to prove actus reus.

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11
Q

Give examples of strict liability crimes

A

Consuming alcohol while driving, fare evasion on public transport, failing to display ‘P-plates’ when driving on a probationary driver license

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12
Q

Define age of criminal responsibility

A

The age of criminal responsibility is the minimum age a person must be to be charged with committing a crime.

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13
Q

What is the age of criminal responsibility?

A

A child under the age of 10 years CANNOT be charged with a crime.
A child aged 10 to 13 years CAN be charged of a crime IF the prosecution proves the child knew their actions were wrong at the time of the crime.
A child ages 14 years or older can be charged with a crime.

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14
Q

How are crimes classified?

A
  • The social purpose or nature of the offence
  • The type of offender or victim
  • The seriousness of the offence
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15
Q

What are the division of crime according to the social purpose (or nature) of the offense?

A

Division A - Protecting individuals
Division B - Protection property
Division C - Drug offenses (Protecting society)
Division D - Maintaining public order and security
Division E - Protecting justice and the rule of law
Division F - Protecting rights and cultures, improving society

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16
Q

Examples of each division of crime

A

Division A - Homicide, assault, sexual offences
Division B - Arson, property damage, burglary, theft
Division C - Dealing drugs, drug use, drug possession
Division D - Weapon offences, disorderly and offensive conduct
Division E - Contempt of court, perjury
Division F - Drink driving, travelling without a valid ticket

17
Q

What are crime classes according to the type of offender or victim?

A

Cybercrime, organised crime, juvenile crime, white-collar crime, prejudice motivated crime

18
Q

What are crime classes according to the seriousness of the offence?

A

Indictable offences, summary offences

19
Q

Define indictable offences

A

Serious crimes generally heard and determined in the higher courts before a judge and jury

20
Q

Define summary offences

A

Minor crimes heard and determined in the Magistrates’ Court by a magistrate

21
Q

Define indictable offences heard summarily

A

Serious crimes which are heard in the Magistrates’ Court and determined by the magistrate without a jury.

22
Q

Define principal offender

A

A principal offender is a person who commits a offence and who has carried out actus reus.

23
Q

Define accessory

A

A person who knowingly assists another person who has committed a serious indictable offence.

24
Q

List general defenses to a crime

A
  • Self defense
  • Mental impairment
  • Duress
  • Sudden or extraordinary emergency
  • Automatism
  • Intoxication
  • Accident
25
Q

An accused may use self defense
as a defense if they…

A
  • Believed that their actions were necessary to protect themselves
  • Perceived their actions as a reasonable response in the circumstances
26
Q

An accused may use mental impairment if…

A
  • At the time of the offence, they were suffering from a mental illness
  • Did not know what they were doing because they had little understanding of the nature and quality of their actions
  • Did not know their conduct was wrong or could not reason, or think about, their conduct like an ordinary person
27
Q

An accused may use duress as a defense if…

A
  • A threat of harm existed
  • the threat would would have been carried out unless the offence was committed
    committing
  • the offence was the only reasonable way to avoid the threatenedharm, and
    their conduct was a reasonable response to the threat
27
Q

An accused may use sudden or extraordinary emergency if…

A
  • there was a sudden or extraordinary emergency
  • their actions were the only reasonable way of dealing with thesituation
  • their actions were a reasonable response to thesituation.
28
Q

An accused may use automatism as a defence if…

A
  • while sleeping orsleepwalking
  • while sufferingconcussion
    during an epilepticseizure
  • as a result of a medical condition or because of a side effect of the proper use ofmedication.
29
Q

An accused may use intoxication as a defence if…

A
  • acted involuntarily or without intent due to being in an intoxicated state as a result of consuming alcohol, taking drugs, or ingesting some other substance
  • in general, to successfully argue intoxication, the accused must prove that their state of intoxication was not self-induced.
30
Q

Define “unfit to stand trial”

A

A person may be considered to be unfit to stand trial if they are unable to undertake a number of tasks at the time of their trial, including being unableto:
- understand the nature of the charges laid againstthem
- follow the course of thetrial
- instruct theirlawyer

31
Q

Define murder

A

Murder is the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification

32
Q

Elements of murder

A
  • The killing was unlawful
  • The accused’s acts were voluntary
  • The accused committed the acts that caused the victim’s death
  • The accused acted with intent to kill or cause serious harm
33
Q

Possible sanctions for murder

A
  • Maximum penalty for murder is life imprisonment
  • The standard sentence for murder is 25 years’ imprisonment, or 30 years’ imprisonment if the victim was an emergency worker on duty
34
Q

Define culpable driving causing death

A

Culpable driving causing death is the act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner, or while under the influence of drugs and alcohol.

35
Q

Elements of culpable driving causing death

A
  • The accused was the driver of a motor vehicle
  • The accused’s driving was culpable
  • The accused’s culpable driving caused the death of another person
36
Q

Possible sanction for culpable driving causing death

A
  • the maximum penalty for culpable driving causing death is 20 years’ imprisonment and/or a fine of 2400 penalty units (approximately $460 000).
  • if the offender is aged over 18 years, the courts must sentence them to a term of imprisonment, unless they have impaired mental functioning or assisted authorities.
  • the standard sentence for for culpable driving causing death is 8 years’ imprisonment
37
Q

Define doli incapax

A

Incapable of deceit

legal studies 1/2 (2 decks)

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