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Unit 1 AOS 2 Flashcards

1
Q

What is ‘actus reas’

A

An element of a crime that refers to the guilty act committed

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2
Q

What is ‘mens rea’

A

An element of a crime that refers to a guilty mind

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3
Q

How does criminal law promote social cohesion?

A

it defines and prohibits the types of behaviours that are unacceptable (crimes) and outlines the consequences (sanctions) for people who commit these behaviours.

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4
Q

What is a crime?

A

a crime is an act or omission that is against an existing law, harmful to individuals or punishable by law?

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5
Q

Purposes of criminal law

A

protect individuals, protect society, promote justice, protect property

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6
Q

relevant crimes to protect individuals

A

murder, manslaughter, rape, arson

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7
Q

relevant crimes to protect property

A

trespassing, theft, intellectual property

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8
Q

relevant crimes to protect society

A

drug offences, terrorism

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9
Q

how does criminal law promote justice

A

Having the state enforce criminal law helps prevent victims of a crime, and their family and friends, from taking the law into their own hands and imposing their own punishment

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10
Q

how does criminal law protect individuals?

A

by establishing crimes and processes to deal with people who commit these crimes

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11
Q

how does criminal law protect property?

A

Criminal law protects privately owned and public property. This includes protecting land and the environment, and personal property

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12
Q

How does criminal law protect society

A

protects the community as a whole by setting standards and making it clear what behaviour is not tolerated by the community and the legal system

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13
Q

what is the presumption of innocence

A

The right of the accused to be presumed not guilty unless proven otherwise

they’re innocent until proven guilty beyond reasonable doubt

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14
Q

What is standard of proof?

A

To prove someone is guilty beyond reasonable doubt is the standard of proof.

So, for the accused to be found guilty, this standard must be met (or surpassed)

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15
Q

what is the burden of proof?

A

It is the Prosecutions responsibility to prove that the accused is guilty beyond reasonable doubt

The Prosecution holds the burden of proof

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16
Q

elements of a crime

A

actus reas, mens rea

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17
Q

what is strict liability?

A

a strict liability crime is one where the Prosecution does not need to prove that the accused had mens rea they only need to prove the act or omission committed (actus reas)

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18
Q

example of strict liability crimes

A

speeding fines, parking tickets, drink driving

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19
Q

what is the ‘age of criminal responsibility’?

A

the minimum age a person must be in order to be charged with committing a crime

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20
Q

why is there an age of criminal responsibility?

A

There is a minimum age as some people are considered too young to form the intention to commit a crime

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21
Q

what is the minimum age of criminal responsibility

A

under 10 years old

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22
Q

can children aged 10-13 be charged with a crime?

A

they can be charged if the Prosecution can prove against doli incapax and knew that their actions were wrong

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23
Q

what is doli incapax

A

doli incapax means that no child in the age of 10-13 and under can not form a mens rea and know hwat they are doing is wrong

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24
Q

what is a crime classified as division A

A

crimes against the person eg. murder, rape,

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25
what is a crime classified as division B
crimes against property eg. arson, breaking and entering, theft
26
what is a crime classified as division C
drug offences eg. dealing, trafficking, manufacturing, possession
27
what is a crime classified as division D
public order and security offences. maintain public security eg. weapons and explosive offences, terrorism
28
what is a crime classified as division E
Justice procedure offences eg. perjury
29
what is a crime classified as division F
Other offences eg. dangerous driving under the influence, travelling without a valid ticket (train)
30
what are the types of offenders or victims?
cyber crime, hate crime, organised crime, juvenile crime, white collar crime
31
what is cyber crime?
crimes committed using a device eg. online fraud, hacking
32
what is a hate crime?
crimes motivated by prejudice and bias against another based on personal characteristics
33
what is organised crime
crimes committed in a planned and ongoing manner (gangs) eg. drug trafficking
34
what is juvenile crime?
crimes committed by people aged 10-18 years
35
what is white collared crime?
crimes committed by people who work in government, or corporate industry eg. investment scams, fraud
36
what are indictable offences
Serious crimes generally heard and determined in the higher courts (county and supreme) before a judge and jury
37
What are summary offences
minor crimes heard and determined in the Magistrates' Court by a magistrate eg speeding
38
example of indictable offences
murder, rape
39
example of summary offences
speeding
40
when can an indictable offence not be heard summarily
if it is punishable by more than 10 years imprisonment or a fine greater than 1200 penalty units or without the consent of the accused
41
Why would the accused consent to having their indictable offence charges heard summarily?
These hearings are generally cheaper and quicker An accused may receive a lesser punishment - there is a limit on the maximum term of imprisonment a magistrate can impose (two years for a single offence and five years for multiple)
42
what is a principle offender?
Is the person who directly committed the crime
43
how is somebody involved in a crime?
If they directly help plan and encourage someone to commit a crime or if they help and encourage knowing another crime will have to occur or make an agreement with someone to commit a crime
44
what is an accessory?
a person who knowingly assists another person who has committed a serious indictable offence to avoid being prosecuted.
45
types of unlawful homicide
murder, manslaughter, infanticide, child homicide, culpable driving causing death.
46
What is murder?
the unlawful homicide of another human being with malice aforethought who is over the age of criminal responsibility and of a sound mind
47
what is malice aforethought
intention to kill or cause serious injury
48
elements of murder
the killing was unlawful, the victim was a human being, the accused was over the age of discretion, the accused caused the victims death, the accused was of a sound mind, there was malice aforethought
49
Possible defences to murder
self defence, mental impairment, duress, unwilling intoxication
50
common law role in developing murder
the definition and elements are found in common law
51
statute law role in developing murder
the penalty and defences to murder are found in section 3 Crimes Act 1958 (Vic)
51
statute law role in developing murder
the penalty and defences to murder are found in section 3 Crimes Act 1958 (Vic)
52
statute law role in developing murder
the penalty and defences to murder are found in section 3 Crimes Act 1958 (Vic)
53
what is manslaughter
the unintentional killing of another human being
54
what is infanticide
a mother killing their child under the age of 2 because of mental illness after the birth of their child
55
what is child homicide
the un lawful killing of a child
56
what is child homicide
the un lawful killing of a child
57
what is culpable driving causing death.
killing somebody whilst driving recklessly or under the influence willingly
58
What is rape
the intentional sexual penetration of another person, without their consent
59
What is rape
the intentional sexual penetration of another person, without their consent
60
elements of rape
sexual penetration, lack of consent, lack of reasonable belief that consent was given
61
possible defences to rape
there was no sexual penetration, the victim consented, mental impairment, the accused reasonable believed the victim was consenting, duress
62
the role of common law regarding rape
originally rape was defined in common law
63
the role of statute law regarding rape
laws relating to rape are set out in section 38 Crimes Act 1958 (Vic)

Legal (10 decks)

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