Outcome 2B - Proving Guilt Flashcards
(30 cards)
What is the maximum penalty for culpable driving causing death?
20 years imprisonment or a Level 3 fine or both.
What is the standard sentence for culpable driving causing death?
8 years.
What is culpable driving?
Operating a motor vehicle in a grossly negligent, reckless, or impaired manner causing death.
What is considered a motor vehicle under the law?
A mechanically propelled vehicle used on a highway, excluding trains, trams, wheelchairs, and bicycles.
List the three elements of culpable driving causing death.
- Driving a motor vehicle; 2. Driving was culpable; 3. Driving caused the death.
Name the three categories of culpable driving.
Reckless driving, negligent driving, driving under the influence.
What must causation prove in culpable driving?
That the reckless/negligent act was a substantial and operating cause of death.
What is automatism as a defence?
A defence where the accused had no conscious control over their actions.
Give an example where automatism could apply.
Sleepwalking, epileptic seizure, or medication side effects.
List the three requirements to claim duress.
- Threat of grievous bodily harm; 2. Crime was the only way to avoid harm; 3. Response was reasonable.
When can duress not be used as a defence?
When the accused voluntarily engaged in criminal activities.
List the three requirements for sudden or extraordinary emergency.
Sudden emergency, only way to deal with it, reasonable response.
List the three elements of assault.
- Physical act (actus reus); 2. Intentional, reckless or negligent causation (mens rea).
Act Caused Injury (actus reus)
What must causation in assault prove?
That the accused’s act was a substantial and operating cause of the injury.
Define injury according to s15 of the Crimes Act 1958 (Vic).
Physical injury (cuts, bruises) or mental harm (anxiety, trauma).
What is a serious injury?
An injury that endangers life or is substantial and long-lasting.
List three mental states relevant to assault.
Intentional, reckless, negligent.
Define duress as a defence to assault.
Complete defence based on committing the crime under threat of harm.
Define self-defence as a defence to assault.
Use of reasonable force to protect oneself or another from harm.
When can consent be a defence to assault?
When the victim gave permission and the injury was reasonably expected.
Who are the stakeholders in crime?
The offender, victim, families of both, and the community/society.
List the four types of impacts stakeholders may experience.
Psychological, social, economic, legal.
List two psychological impacts on the victim and their family.
Trauma, grief, anxiety.
List two economic impacts on the victim and their family.
Funeral costs, medical bills, loss of income.
