What is criminal law
is the section of law that deals with criminal matters that endangered, or had the potential to endanger others physically , mentally of financially
what is aStrict liability offence
where prosecution only needs to prove a crime was committed, and not that the offence was intentional
what is causation
where someone is indirectly hurt physically, mentally or financially by the accused’s actions. the prosecution has to show a sufficient link between accused and accident
Actus Reus
caught in the act of a crime
Mens Rea
caught with intention to perform a crime
Name 4 types of assault
Common assault- no or minimal harm section 335
Assault occasioning bodily harm- section 339
Serious Assault- threatening/ hurting 60+ yr old or impaired person section340
Grevious bodily harm- intent to kill, torture
What is rape
having carnal knowledge of another without consent
what is cognitive capacity
if someone is not of sound mind i.e. vegetables, drunk, high etc
what is sexual assault
assualt of a sexual nature yet without penetration
What is carnal knowledge of a child
having or attempting to have sex with a child under 16 years old. Filming a child in a sexually suggestive manner
what is stealing
unlawfully taking a moveable item that is not yours, max 5 years
what is robbery
threatening with violence while stealing, max 14
what is burglary
entering a dwelling or trespassing with the intent to commit an indictable offence, max 14yrs
what counts as possesion of illicit drugs
having drugs on your physical being, max 25
what is producing an illicit drug
to off, prepare, manufacture or produce a dangerous drug, max 25
what is supplying drugs
offer, give, distribute, sell, administer, transport or supply drugs, max 25
what is trafficking a drug
carrying on the business of trafficking a dangerous drug, max 25
what is a summons
official document that rewuires a person to give evidence in a Magistrates court
what is a subpoena
official document the requires a person to give evidence in the District of Supreme court
what is direct evidence
evidence that proves a fact directly
what is circumstantial evidence
evidence that suggests a fact of the case
what does the bailiff do
administers oaths to the jury, general running of the court
what does the court reporter do
take record of everything in district or supreme court
what does judges assiociate do
assists judge in research
immature age?
younger than 10
cant be held criminally responsible
under 14 can be but only if they knew the offence was wrong
what is an alibi? how much notice of an alibi is need?
proof that someone was not at the scene of the crime. Must notify the court of an alibi 14 days before the trial date
what is duress
someone who was force to commit or be a part of a crime when threatened. only if the person would not have committed the crime under the same conditions
what is mistake of fact
someone who commits an act honestly thinking it wasnt illegal
What is an accident
if a genuine accident occurs, accused wont be charged as there is no motive. Needs to be proved that the reaction was normal
what are 4 possible defences for the act of provocation
- provocation deprived defendant of self control
- defendant acted before they had time to cool down
- force used was proportional to force applied
- force not intended to kill or cause grevious bodily harm
what is ignorance of the law
offence is related to property, and defendant did not mean to cause harm to proporty
where is an appeal held
heard in supreme court
name 6 barries to justice
elderly woman people in rural/ remote areas homeless disabled people with different cultural/ linguistic backgrounds
Name 7 standards to meet when applying to the drug court
18+ charged with drug offence not been in jail for 12+ months no priors not currently in prison drug dependant plead guilty
