AOS 2 Presumption of Innocence Flashcards
elements of murder
- the killing was unlawful (no legal justification)
- the victim was a human being
- the accused is over the age of discretion (over 10)
- accused caused the victim’s death (direct and unbroken causal link)
- accused was a person of sound mind (aware the actions were wrong)
- there was malice aforethought (intention to kill/cause serious injury to another person)
elements of arson
- the accused damaged or destroyed the property by fire
- property belonged to another person
- The accused purposely damaged or destroyed the property by fire, or knew or believed the damage or destruction by fire was a likely result of their actions
- accused had no lawful excuse
general defences to crime - intoxication
- only a defence if the accused acted involuntarily (must prove the intoxication was not self-induced eg spiking or accidental)
defences to murder
- self-defence (protecting themself or others from serious injury/death)
- mental impairment
- duress (significant threat of harm affecting the accused eg family violence)
- sudden and extraordinary emergency (must involve risk of death/serious injury)
- automatism (accused not in control of their actions eg sleepwalking)
- intoxication
- accident (if reckless, dangerous or negligent then is manslaughter)
defences to arson
- duress
- mental impairment
- automatism
- sudden and extraordianry emergency
role of common law in developing elements/defences of murder
- Murder is common law (established by courts). Cases over the years have defined, developed and changed the definition and legal principles in relation to each of the elements of murder.
role of statutory law in developing the elements/defences of arson
- The law largely developed through the courts until the Victorian parliament started began to pass legislation clarifying the elements and defences to arson. Arson is now governed by statute law under the Crimes Act.
impact of murder/arson on victim/family
- loss of life/property
- trauma related medical issues
- funeral costs/cost of rebuilding
- loss of income
impact of murder/arson on community
- cost of publicly funded medical treatment
- coronial services/loss of public property
- more need for emergency services
- increased insurance premiums
- loss of confidence in legal system
impact of murder/arson on offender
- guilt and shame
- legal costs
- possible custodial sentence
- diminishment of family social standing
- negative influences from prison
divisions of crime
a. crimes against the person
b. property and deception offences
c. drug offences
d. public order and security offences (weapons,explosives,, disorderly conduct)
e. justice procedures offences (contempt of court, perjury)
f. other offences (transport)
crimes against property - theft classification
- steal (a person dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it)
- borrow has no intention to permanently deprive
strict liability
where culpability or responsibility for committing a crime can be established without having to prove there was mens rea (eg fare evasion)
actus reus
the physical element of the crime – the act itself
mens rea
the mental element of the crime – awareness of that the conduct is criminal
