AOS 2 Flashcards
What are the elements of a crime?
Actus Reus - Guilty act
Mens Reus - Guilty mind
Both the act and the intention to commit the act must be shown.
What are the types of crimes?
Summary offences
Indictable offences
Indictable offences heard summarily
What are the principles of criminal liability?
Burden of proof
Standard of proof
Age of criminal liability
The accused is presumed innocent until proven guilty
Who are the participants in crime?
Accused
Principle offender
Accessory
Prosecutors
What is murder?
Murder is the unlawful killing of another person with malice afore thought, by a person who is of the age discretion and of sound mind.
What is malice afore thought?
The intention to commit the crime. The accused must of had an intention to kill, intention to inflict serious injury and reckless indifference.
What is the burden of proof?
The burden of proof states that the prosecution has the burden of proving that the accused had committed the crime.
What is the standard of proof?
Standard of proof is the level to which guilt needs to be proved. In criminal cases guilt or innocence must be proved beyond reasonable doubt.
What is manslaughter?
Killing someone in the process of a dangerous and unlawful act.
What are the types of homicide?
Murder Manslaughter Defensive homicide Infanticide Child homicide.
What is a crime?
A crime is an act or omission that is; against an existing law, harmful to an individual or society as a whole and is punishable by law.
What is culpable driving?
Killing another road user while diving recklessly, negligently or under the influence of any alcohol or drug.
Defenses to homicide…
>Self defense & defense to homicide >Duress >Sudden or extraordinary emergency >Mental impairment >Automatism >Intoxication >Accident
What is assault?
The unlawful direct or indirect application of force by another person to the body, clothing or equipment of another person that results in bodily injury, pain, discomfort, damage, insult or deprivation of liberty.
defenses to assault…
>Lawful use of force >Self defense >Duress >Necessity >Intoxication
