2A&2B&2C Flashcards
PURPOSES OF CRIMINAL LAW
Aims to protect society by establishing set codes of behaviors.
DETERRENCE OF CRIME
Discouraging an offender from offending or re-offending a crime.
DEFINITION OF CRIME
An act against the law
PRESUMPTION OF INNOCENCE
rights of all accused people are presumed innocent until it is proven, that they are guilty
WHAT ARE THE 2 ELEMENTS OF A CRIME?
actus reas and mens rea
ACTUS REAS
guilty act (physical element)
MENS REA
guilty mind(mental element)
STRICT LIABILITY:
Strict liability do not require mens rea element of a crime of an offender to be FOUND guilty.
EXAMPLES OF STRICT LIABILTY:
- REFUSING BREATH TEST
- SPEEDING
- SERVING ALCOHOL TO MINORS
DEFINE DOLI INCAPAX
presumption that children aged 10-14 are incapable of evil and cannot commit a crime.
TYPES OF CRIMES?
- CRIMES AGAINST PERSON
- CRIMES AGAINST PROPERTY
BURDEN OF PROOF
also known as onus proof, is the person who has the responsibility of proving a case (prosecution to bring the evidence into the case to prove the accused guilty)
STANDARD OF PROOF:
The weight or strength or evidence that must be brought.
SUMMARY OFFENCES +examples
Minor crimes (less serious) heard in the magistrates courts
- Theft
- Speeding
- Overdue fines
INDICTABLE OFFENCES +examples
Serious crimes heard in County or Supreme court (usually heard by judge and jury).
- Murder
- Serious uses of drugs
- Treason
INDICTABLE OFFENCES HEARD SUMMARILY
Are to be heard in magistrates courts if given consent by accused and the court
PRINCIPAL OFFENDERS
The individual who actually commits the offence, or directly involved in the offence
(COMMITS THE ACTUS REAS)
ACCESSORY
A person who knows or believes that a person is guilty of a serious indictable offence and acts to prevent the arrest, prosecution or conviction of the offender.
(An accessory can be found guilty even if the principal isn’t)
