Outcome 2 Flashcards
What is murder?
The unlawful killing of another person with malice aforethought by a person over the age of discretion and of a sound mind
What are the elements of murder?
- Killing was unlawful
- Accused is over age of discretion
- Victim was a human
- Accused is of a sound mind
- Victims death was caused by accused
- Malice aforethought existed
(eg. An intention to; kill, inflict harm, assault or reckless indifference)
What is manslaughter?
Where a death occurs due to either an unlawful or dangerous act or due to criminal negligence.
- Unlawful/Dangerous act: the act was so dangerous that a reasonable person have realised its risk and not done it
- Criminal Negligence: the accused owes someone a duty of care and their inaction to do this lead to their death
What are the defences to homocide?
- self defence
- acted under duress
- sudden or extraordinary emergency
- mental impairment
- automatism
- intoxication
- accident
What are the three driving offences?
CULPABLE DRIVING
Must be proven they were either:
- Driving Recklessly (consciously or in-justifiably disregarding risks)
- Driving Negligently (failed to observe a reasonable standard of care)
- Driving Under Influence
DANGEROUS DRIVING CAUSING DEATH
If a person caused death due to driving at high speeds or in a dangerous manner. Max 10 years
DANGEROUS DRIVING CAUSING SERIOUS INJURY
If a person caused serious injury due to driving at high speeds or in a dangerous manner. Max 5 years
What is rape?
Unwanted penetration of any persons parts by any kind of body part. A person can be found guilty of rape if:
- consent was not given
- does not withdraw if consent is changed
- if you compel another person to penetrate someone else, regardless of consent.
Defence to Rape?
Defence is usually based on whether or not consent was given
What are the crimes against property?
THEFT: stealing
ROBBERY: stealing by force
BURGLARY: stealing by force on someone else’s property
What are the defences to Property?
- factual dispute
- lack of intent
- honest / reasonable mistake
- impossibility of crime
- mistaken identity
- duress
- intoxication
- necessity
- mental impairment
When can police arrest without a warrant?
If they believe it is necessary to:
- ensure offenders appearance in court
- preserve public order
- keep public safe
- prevent repetition of offence
What are the aims of sanctions?
Punish, deter, protect, denunciate and rehabilitate
What are the two types of imprisonment?
Concurrent: multiple sentences served at same time
Cumulative: sentences are served one after the other
What are some of the factors that affect crime rates?
- unemployment rates
- density of population
- age of population
- stability of government
- strength of police force
- sanctions
- racial tensions
- alcohol consumption
- poverty
What is the impact of crime on individuals?
Victim: - financially: medical, property damage, loss of income
- physically: injured
- mentally: traumatised, loss of confidence
Victims Family: - feelings of guilt
- emotional strain
- costly going to court
What is the impact of crime in society?
It can cause:
- physical pain and suffering
- financial loss } cost for police, medical and courts
- lost workdays
- fear within community
