2) Crime Flashcards
Types of Crimes
- summary
- indictable
- indictable heard summarily
Principles of Criminal Liability
- presumption of innocence
- burden of proof
- standard of proof
- age of criminal resp.
- participation in crime
Elements of a Crime
- guilty act (actus reus)
- guilty mind (mens rea)
-strict liability crimes (no need to prove guilty mind)
Crimes against person;
- homicide
- murder
- manslaughter
- defensive homicide
- child homicide
- infanticide
- attempted murder
- culpable driving
- rape
- kidnapping
- assault
Murder is:
1) unlawful killing
2) over age of discretion (over 10)
3) victim was human
4) accused was of sound mind
5) accused caused victim’s death
6) malice aforethought existed
Malice aforethought; (or guilty mind)
- intention to kill
- intention to inflict serious injury
- reckless indifference
- intention to assault person; trying to make lawful arrest
Attempted Murder;
- guilty of indictable offence
- plan to commit murder; and their attempt fails
- elements:*intention
* belief that murder was to take place
* more than preparing
* immediately connected with committing
-max penalty: 25 years imprison
Manslaughter:
- death result of criminal negligence & unlawful/dangerous act
- max penalty: 20 years inprison
Criminal Negligence:
- accused owed duty of care
- lack of care= death
- accused’s actions fell below standard
Unlawful & Dangerous Act:
-reasonable person would understand; action will result in death or serious injury
Elements of Manslaughter:
- physical act killed
- act intentional
- act was dangerous
- act was not self-defence
Defensive Homicide:
- accused thought they acted in self-defence; but court though otherwise
- max penalty: 20 years inprison
Infanticide:
- killing child under 2 years
- mental condition caused death
-max penalty: 5 years inprison
Child Homicide:
- killing child under 6 years
- max penalty: 20 years inprison
Defences to Homicide
- self-defence
- duress
- sudden/extraordinary emergency
- mental impairment
- automatism
- intoxication
Define: Crime
- act or omission against existing law
- harmful to person or society
- punishable by law
Driving offences causing death/serious injury:
- culpable driving causing death [20 y]
- dangerous driving causing death [10 y]
- dangerous driving causing serious injury [5 y]
Rape
- unwanted sexual penetration
- elements: *without consent
* intentional
* accused aware no consent - defences; believe victim was consenting
-max penalty: 25 years inprison
Assault
- direct/indirect application of force
- force without lawful excuse
- force was intentional & reckless
- result in pain, injury, etc
- defences: *force was lawful
* self-defence
* duress
* necessity
-max penalty: 5 years inprison
Theft
- dishonestly taking one’s property; no intention to give back
- max penalty: 10 years in prison & shop theft (2 penalty units)
Robbery
- use of force, put person in fear of life; immediately before/during stealing
- max penalty: 15 years in prison & armed robbery (25 years)
Burglary
- enter building with intention to steal, assault or damage property
- aggravated burglary; use firearms or weapons
-max penalty: 10 years in prison & aggravated burglary (25 years)
Fraud
- obtain property or financial advantage by deception
- max penalty: 10 years in prison
Destroying or damaging property;
- arson (lighting or spreading fire)
- max penalty: 10 years in prison
-graffiti
