1-40 mistakes legal studies yearly Flashcards
To what extent does a crime need to be proved?
The prosecution must prove to the magistrate each element of the offence beyond a reasonable doubt
Define elements of the offence
The prohibited conduct and the mental element of a guilty mind or intention
Elements of crime involving ‘destroy or damage property’
Defendant either intentionally or recklessly damaged or destroyed property belonging to someone else or belonging to you and someone else.
Define defence
A defence is an explanation or reason that suggests you should not be found guilty of an offence.
Defence examples:
A legal excuse or justification of your actions
A denial that you did what the prosecutor says you did
Legal defence examples
Genuine accidents Honest and reasonable mistake of fact Self defence or defence of another person Necessity or duress You had a legal right to do what you did
Define mens rea
A guilty mind. The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm
Define actus reus
The guilty act. It generally refers to an overt act in the furtherance of a crime. Requiring an overt act as part of a crime means that society has chosen to punish only bad deeds, not bad thoughts.
Provide examples of ‘Do all crimes have the same degrees of intent?’
To prove larceny, the prosecution must establish that the defendant intentionally took property to which he knows he is not entitled, intending to deprive the owner of the possession permanently. Negligent homicide on the other hand involves thoughtlessness, inadvertence, or inattention in a person’s duty to exercise care towards others.
Who can give bail?
Police or the judge
What happens if the accused is guilty?
The judge conducts a sentencing hearing
What punishments can be handed?
Non-custodial penalties such as bonds and community service orders if they’re appropriate.
Imprisonment for serious crimes
What cases does the local court deal with?
Petty or minor crimes
Hearing civil law matters up to the value of $100 000
Bail hearings in criminal matters
Committal proceedings for serious offences
Local court matters are trialled by who?
Solely in front of a magistrate
What does the senior prosecutor do in the Local Court?
Reviews evidence and confirms what charges will proceed
What happens after the charges are confirmed?
A mandatory case conference must then occur between the defence and prosecution
Magistrate purpose in a committal proceeding
Hear the prosecution’s evidence and determine whether it is sufficient enough to support conviction by a jury.
What is the Coroner’s court?
A local court dealing with the manner and cause of a person’s death and with fires and explosions where property has been damaged or a person has been damaged
Role of Coroner
To ascertain the deceased person’s identity and the medical cause, manner, place and date of death
Where does the coroner collect his evidence?
From medical practitioners and police personnel as well as the scene
What cases does the children’s court deal with?
Cases connected with the care and protection of children and young people and also with criminal matters concerning children and young people who are under the age of 18 years or who were at the time of an alleged offence.
Define closed court
The general public is prohibited from viewing the proceedings.
What is the MERIT program?
A court based diversion that allows arrested defendants with substance use problems to be assessed for suitability to undertake treatment and rehabilitation under bail conditions.
Advantages of drug court
Participants can enjoy a better quality of life after successful completion of the program
Prison sentence can be avoided
Progress reviewed, participation and time in custody is considered when deciding the final sentence
Who is eligible for drug court?
Participants living in the catchment area of the particular court.
Must be referred by one of the local and district courts in the area
18+
Likely to plead guilty to charges and sentenced to prison term
Are dependent on the use of drugs
Are willing to participate
Haven’t committed a sexual or violent offence
3 phases of drug court
1st: Initiation where participants are expected to reduce their drug use, stabilise their health and refrain from criminal activity.
2nd: Consolidation, where it is expected that participants will remain drug and crime free and develop valuable life skills as well as address any underlying issues that may have led to their drug independence
3rd: Re-integration, where participants accept a crime and drug free lifestyle, gain employment or become ready for employment and be fiscally responsible
What is the district court?
The intermediate court in the state court’s hierarchy and a trial court where cases can be heard before a judge and jury.
Define appellate jurisdiction
Can hear appeals from lower courts including the Local Court or Children’s Court.
What cases are dealt by the district court?
Can hear serious criminal matters
Civil Law matters up to $750 000 (higher in some cases)
What matters are heard in the Supreme Court?
Murder, manslaughter and attempted murder
Major Conspiracy drug-related charges
Commonwealth prosecutions for serious breaches of the Corporation Law
