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Criminal Law (S2-B3) > Summary Criminal Law > Flashcards

Summary Criminal Law Flashcards

1
Q

what is Criminal Law?

A

the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.

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2
Q

what is the difference between criminal and civil law?

A

Criminal Law is concerned with punishment of individuals who commit crimes, while civil case is concerned with dispute of rights between two individuals or more.

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3
Q

what are some of the key principles of a Liberal democratic Society that has been supported in our criminal system?

A
  • right to be tried
  • habeas corpus
  • right to silence
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4
Q

habeas corpus?

A

the right to appeal and be protected from unlawful detention

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5
Q

what is crime?

A

a legal wrong that’s punishable by law

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6
Q

what are some of ways crimes affect individual and things?

A

Crimes can involve physical and psychological harm or damage.

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7
Q

where did Australia got it’s criminal law from?

A

originates from England and was implemented in Australia upon the arrival of the First Fleet.

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8
Q

name sources of Victoria v Australia’s criminal law?

A
  • Crimes Act 1958(Vic)
  • Summary Offences Act 1966(Vic)
  • Drug, Poisons and Controlled Substances Act 1981(Vic)
  • Crimes Act 1914(Cth)
  • Criminal Code 1995(Cth)
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9
Q

parties to a criminal case?

A

State v Individual

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10
Q

the standard of proof in a criminal case?

A

Beyond Reasonable Doubt

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11
Q

who represent the state in a summary or IOTS?

A

police prosecutor in Magistrates

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12
Q

who represent the state in Indictable offence?

A

Department of Public Prosecutions (“DPP”)

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13
Q

explain level of criminal offences?

A

Criminal Offences are categorised from Levels 1-12.Level 1 most serious (i.e. murder) and level 12 (less serious).

  • Summary offences- Levels 7-12
    • Indictable offences triable summarily- Levels 5-6
  • Indictable offences- Levels 1-6.
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14
Q

the role of Victoria’s police towards crimes?

A

responsible for conducting criminal investigations.
also are responsible for prosecuting summary offences and indictable offences triable summarily.

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15
Q

which law governs the power and responsibility of police ?

A

Police Act 2013(Vic) and the common law.

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16
Q

the role of ‘Independent Broad-based Anti-corruption Commission’ (“IBAC”)?

A

investigates wrong-doing within the police force.

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17
Q

who is the prosecution?

A

Apoliceofficer assigned to appear as a representative for apoliceinformant in court proceedings before a magistrate or justice.

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18
Q

is prosecution in a summary and indictable the same?

A

No! In summary, a police prosecutor or a person elected by government brings the case before the court. In Indictable, the crown prosecutor who is employed by DPP comes before the court.

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19
Q

some roles of judges/magistrates?

A
  • hears evidence and decides whether a person is guilty or not guilty to an offence as charged.
  • imposes a penalty
  • ensure that justice is administered fairly and impartially.
  • impartial decision-making in the pursuit of justice.
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20
Q

what is the difference between Magistrates’s role and higher court judges?

A

while the magistrates has the responsibility to decide whether the accused is guilty or not, the Judge in higher court has to decide on the sentence after the juries provide their guilty or not guilty verdict.

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21
Q

what is the role of barrister/lawyer?

A
  • give advice
  • represent in the court
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22
Q

what is the criminal jurisdiction of Magistrates?

A

The criminal jurisdiction of the Magistrates’ Court of Victoria hears and determines all summary offences and some indictable offences.

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23
Q

what is summary offence?

A

Summary proceedings are those of a less serious nature which are heard by a magistrate.

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24
Q

Can a summary case be heard without the presence of accused?

A

Yes, Some summary proceedings can be dealt with in the absence of the accused if the magistrate deems it appropriate. These are calledex partehearings.

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25
Q

name some summary offence?

A

traffic offences, minor assaults, property damage and offensive behaviour.

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26
Q

indictable offence?

A

Indictable proceedings are those of a more serious nature which may be heard by a judge and jury of the County or Supreme Courts.

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27
Q

can indictable offence be trialed with the absent of accused?

A

No, Failure to attend a hearing by the accused may result in the issue of a warrant to arrest.

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28
Q

name some indictable?

A

These offences include burglary and theft. Some indictable offences must be heardby a higher jurisdiction regardless of the wishes of the accused, for example, murder and rape.

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29
Q

what is the standard of proof in criminal case?

A

Beyond reasonable doubt

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30
Q

what is Children’s court jurisdiction?

A

the jurisdiction to hear and determine cases involving children and young people including criminal and child protection matters

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31
Q

how many division Children’s court has?

A
  1. Family Division
  2. Criminal Division
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32
Q

what is the County Court’s jurisdiction?

A

hear all indictable offences, except treason, murder and related offences.

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33
Q

what are some types of offence that County deals with?

A

include serious theft, armed robbery, drug trafficking, sexual offences, fraud and dishonesty offences, culpable driving, serious assault and income and sales tax offences.

34
Q

can County hear appeal?

A

the Magistrates’ Court and the criminal and family divisions of the Children’s Court.

35
Q

the highest court in Victoria?

A

Supreme Court

36
Q

what is Supreme court’s jurisdiction?

A

two divisions:
1. Trial division has unlimited criminal jurisdiction, but predominately hears murder/attempted murder and long/complex fraud claims.
2. The court of appeal hears appeals from trials in the County Court and trials in the Supreme Court

37
Q

how many judge usually sit in Supreme court?

A

Usually, 3 justices will sit during a hearting in the court of appeal.

38
Q

what are two important element of criminal liability that must be proved beyond reasonable doubt?

A
  1. Actus rea
  2. Mens rea
39
Q

actus rea?

A

As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime.

40
Q

mens rea?

A

Mens rea is the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

41
Q

in what type of crime, the police doesn’t need to prove mens rea?

A
  • Negligence is a form of ‘objective’mens rea.Here, the focus is on what would have been in the reasonable or ordinary person’s mind at the time of the relevant conduct of the accused.
  • Recklessness can satisfy the element ofmens rea - like drink driving*
42
Q

levels of mens rea?

A

-> Purpose
-> Knowledge
-> Recklessness
-> Negligence

43
Q

what is Absolute/Strict Liability?

A

An offence of absolute liability means there is no mens rea element.
Under a strict liability offence, the accused is held liable for their conduct regardless of their moral responsibility. If however an accused was under a mistaken (but reasonable) belief about a set of facts, and if those facts were correct the conduct would not have constituted an offence, then that person is not criminally responsible.

44
Q

who can be criminally responsible?

A

Individuals, their agents and corporations (separate legal entities) can be held criminally responsible.
Children are generally considered incapable of committing criminal offences.

45
Q

who has burden of proof in criminal case?

A

prosecution

46
Q

what are the two components of burden of proof?

A

The burden of production is the obligation to present evidence to the judge or jury.

The burden of persuasion is the duty to convince the judge or jury to a certain standard

47
Q

what is assault?

A

Assaultis generallydefinedas intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.

48
Q

what is assault in common law?

A

an act committed intentionally or recklessly that causes another person to apprehend immediate infliction of, unlawful force without that person’s consent:Fagan v Cmr of Metropolitan Police[1969].

49
Q

define non-physical assault by case example?

A

As perFagan v Cmr of Metropolitan Police[1969] – anon-physicalor threatened assault is any act that causes another person to apprehend immediate and unlawful personal violence: An assault may be committed by the use of threatening words:R v Wilson[1955].

  • an absence of consent by the victim.
50
Q

conditions of apprehension of violence?

A
  • Victim’s Fear should be reasonable and of an immediate threat
  • Victim’s must be aware of the threat
  • It’s an assault to create a fear in the victim, even if the accused has no intension of carrying out the action
51
Q

what is assault using force?

A

At common law,a physicalassault occurs where a person intentionally or recklesslycauses unlawfulforce to be applied to the body or clothingof another.

51
Q

what is assault using force?

A

At common law,a physicalassault occurs where a person intentionally or recklesslycauses unlawfulforce to be applied to the body or clothingof another.

51
Q

what is assault using force?

A

At common law,a physicalassault occurs where a person intentionally or recklesslycauses unlawfulforce to be applied to the body or clothingof another.

52
Q

what is assault using force?

A

At common law,a physicalassault occurs where a person intentionally or recklesslycauses unlawfulforce to be applied to the body or clothingof another.

53
Q

what is the mental element of a crime?

A

Intension v Recklessness
At common law,an assault may be committed intentionally or recklessly:R v Savage[1992].

54
Q

statutory definition of assault with intension and under sec?

A

In Victoria, assault in relation to prescribed offencesrequires the application of force without lawful excuse and with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty:s31 of Crimes Act 1958(Vic).

55
Q

what is a common law assault?

A

Common assault is any act that intentionally or recklessly causes another to fear immediate and unlawful violence.

56
Q

battery

A

assault involves touching like punching

57
Q

can u be charged with Common Assault for telling another person to cause violence?

A

yes- because u will be causing fear through another person

58
Q

is common law assault (CLA) summary or indictable?

A

summary offence

59
Q

which sec talks about Common Law Assault?

A

s23 Any person who unlawfully assaults or beats another person shall be guilty of an offence.

Penalty: 15 penalty units or imprisonment for three months.

60
Q

Ex Common Law Assault?

A

slap, punch

61
Q

how can an offender defend his action against common assault?

A
  • self-defence
  • necessity- if u are in an emergency situation
  • Duress- when u are forced under an immediate threat
62
Q

what is an aggravated assault?

A

An aggravated assault is when an assault takes place in ‘aggravated’ circumstances such as when another person is present, or when kicking or a weapon is used.

63
Q

what is the difference between simple common assault and aggravated?

A

simple common assault is when u cause a threat to another person by ur action or words, and this must cause fear to the victim. But an aggravated assault is when u use a weapon to cause the threat or fear.

64
Q

types of aggravated assault?

A

2Kinds:
1. When either a female, or a male under the age of 14, is assaulted. If a Magistrate thinks that the punishment for assault is too lenient in the circumstances, the Magistrate may hold that the assault is aggravated.
2. More than one person, or by kicking or using a weapon.

65
Q

types of aggravated assault under sec?

A

s24 of theSummary Offences Act 1966(Vic)

66
Q

when is an assault considered as aggravating?

A

In Victoria, any indictable offence will be aggravated if committed while the offender is carrying a firearm or imitation firearm:31A(A) of Crimes Act 1958(Vic).
It is an aggravated assault to commit the assault in company, or by kicking, using a weapon or any instrument:s24 of Summary Offences Act 1966(Vic).

67
Q

can a common assault be aggravated by the status or nature of the victim?

A

yes! In Victoria, it is an offence to assault a police officer in the execution of his or her duty:s31(1)(b) of Crimes Act 1958(Vic)

68
Q

which sec talks about causing serious injury?

A

s16 CA - In Victoria, it is an offence to intentionally wound or cause grievous bodily harm.

69
Q

what is the elements of causing serious injury intentionally and under which sec?

A

Pursuant to s 16 of CA 1958, an accused person commits the offence of intentionally causing injury if:

  • The complainant suffered a ‘serious injury’;
  • The accused caused the complainant’s serious injury;
  • The accused intended to cause serious injury; and
  • The accused acted without lawful justification or excuse.
70
Q

which sec define serious injury?

A

s15 CA - “serious injury” means:

(a) an[injury] that—
(i) endangers life; or
(ii) is substantial and protracted; or
(b) the destruction, other than in the course of a[medical procedure]

71
Q

which sec talks about causing injury recklessly?

A

s17- 18of CA it is an offence to recklessly cause injury (serious or general).

72
Q

which sec talks about causing injury recklessly?

A

s17- 18of CA it is an offence to recklessly cause injury (serious or general).

73
Q

causing serious injury Intentionally/recklessly?

A

s18 of CA it is an offence to unlawfully cause injury to another.

74
Q

Pursuant to s 18, an accused person commits the offence of intentionally/recklessly causing injury if:

A
  • another person suffers injury; and
  • the accused person caused that injury; and
  • the accused person intended/was reckless to cause that injury; and
  • the accused does not have a legal defence for causing that injury (self-defence for example).
75
Q

Section 18 charges are often dealt with in which court?

A

the Magistrates’ Court.

76
Q

which sec talks about causing serious injury Negligently?

A

s24

77
Q

causing serious injury Negligently?

A

In Victoria, any person who by a negligent act or omission causes grievous bodily harm to another person is guilty of an offence.

78
Q

what is false imprisonment?

A

it is when a person is imprisoned or confined to certain area by someone who doesn’t have a legal authority to do so. It is also when a person by fraud or force keep someone in a place or transfer them into another place. Falsely imprisonment can lead to tort or civil action.

79
Q

what does common law says about kidnapping?

A

At common law, it is an offence to unlawfully take and carry away a person or hold a person in secret against his or her will:R v D[1984].

80
Q

what does statue says about kidnapping?

A

s63A CA it is a statutory crime to kidnap a person for ransom for any other advantages

Criminal Law (S2-B3) (5 decks)

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