AOS2 Flashcards
What does Criminal Law refer to?
A body of law which protects the community by establishing crimes and setting down sanctions for people who commit crimes.
What are the two main purposes of Criminal Law?
- Punish the Offender - sanction should fit the crime committed and consider all factors
- Protect Society - through imprisonment, society will be protected from the harmful actions of the offender.
Define Crime.
An act of omission against society and punishable by the state.
What are the characteristics of a Crime?
- Harmful
- Immorality
- Punishment
What is the Presumption of Innocence?
A guarantee made to all accused persons that they will be treated as innocent until proven guilty of a criminal offence.
What are Summary Offences?
Minor offences that will be heard in the Magistrates court before a Magistrate.
What are Indictable Offences?
Serious criminal offences which will be heard in either the county court or supreme court.
What does it mean for an Indictable offence to be heard summarily?
An accused may apply or be offered to have their indictable heard in the Magistrates court like a summary offence.
List the Types of Crimes.
- Crimes Against People
- Crimes Against Property
What is the difference in Seriousness of Offence between Summary and Indictable Offences?
- Summary Offence: Minor, Less Serious
- Indictable Offence: Serious Offences
What is the Mens Rea in murder?
The guilty mind/malice aforethought.
What is the Actus Reus in murder?
The guilty/wrongful act.
Define Strict Liability Offence.
Offences where there is no need to prove mens rea for an accused to be found guilty.
What is Burden of Proof?
The responsibility to prove the facts of the case.
What is Standard of Proof?
The strength of evidence required to prove the facts of the case.
What is the Age of Criminal Responsibility?
Only people aged 10 years or older can be held responsible for a crime.
What is the definition of Actus Reus?
The guilty/wrongful act.
What does Mens Rea refer to?
The guilty mind/malice aforethought.
Define Principle Offender.
A person who participates in the commission of a crime, assists or encourages them.
What is an Accessory in criminal law?
A person who knows or believes that another person has committed a serious offence and acts to prevent their arrest.
What is Homicide?
The killing of a person and can either be lawful or unlawful.
Define Murder.
A person of sound memory and discretion unlawfully kills any reasonable creature in being with Malice Aforethought.
What are the types of Malice Aforethought?
The intention to commit murder, intention to inflict serious bodily harm, or reckless indifference to whether your actions cause death or injury.
What is required to establish Causation in murder cases?
A direct link between the actions of the accused and death of the victim.
List the Elements of Murder.
- A person
- Sound memory
- Discretion
- Unlawfully kills
- Reasonable creature in being
- Malice Aforethought
- Committed Murder
What are Intervening Acts?
Events that break the chain of causation, making the accused no longer responsible for the victim’s death.
What is Self Defence as a defence to murder?
The defendant believed it was necessary to act to defend themselves or another person from serious injury.
What does Duress mean in legal terms?
There was a threat of death or serious injury to the defendant or their family.
Define Mental Impairment as a defence.
The defendant suffered from a mental illness and didn’t know what they were doing at the time of the crime.
What is Automatism in the context of a legal defence?
The action was involuntarily done without any control of the mind.
What does Intoxication refer to as a defence?
The accused is so affected by drugs/alcohol that they cannot form the intention to commit a crime. Must be unintentionally consumed alcohol/drugs.
What is the economic impact of murder on individuals?
The whole family may suffer economically if the victim is the primary financial provider.
What are the physical impacts of murder on individuals?
Those close to a victim may suffer from physical health problems e.g. stress, grief, insomnia
What are the psychological impacts of murder on individuals?
A murder of an individual close to someone may detriment a person’s mental health, such as PTSD and depression
What is the economic impact of murder on society?
Areas with a high proportion of murders can develop a negative reputation affecting businesses, and homeowners.
What is the social impact of murder on society?
Increased workload for police officers and staff members in hospitals, and may cause more physical/psychological trauma for these individuals
What legal impact does murder have on society?
Increased workload on law enforcement institutions, court delays and harsher laws to reduce violent crimes
What are the elements of burglary?
- The accused enters a building or part of a building
- The accused did not have permission (trespasser)
- The accused intended to commit theft, damage property, or assault someone in the building
The intention must be formed before entering the building.
What are the potential defenses to burglary?
- Consent
- Mistake of Fact
- Sudden or Extraordinary Emergency
- Duress
- Mental Impairment
Each defense has specific criteria that must be met.
What is the defense of ‘Consent’ in burglary?
The accused had the right or permission to enter the building or take the property by the owner, and this consent must be voluntary and legally made.
What does ‘Mistake of Fact’ mean as a defense in burglary?
The accused genuinely believed they had a right to enter the building or take property, but did not.
What is an example of a ‘Sudden or Extraordinary Emergency’ defense in burglary?
Breaking into a house to take a medical kit to treat someone in a car accident.
What are the physical impacts of burglary on individuals?
In case of a confrontation, physical injuries can occur, e.g. minor cuts, bruises or assault.
What psychological impacts can victims of burglary experience?
Victims may no longer feel safe within their own homes, as they feel they are living in an unsafe environment, e.g. stress or depression
What are the economic impacts of burglary on individuals?
Value of stolen goods and property damage, may lead to significant financial strain for businesses/individuals
What is burglary’s economic impact on society?
Areas with a high burglary rate may experience a decline in property values, also impacting businesses
These impacts can lead to broader social and economic consequences.
What is the legal impact of burglary on society?
- Require significant resources from law enforcement agencies (time, equipment)
- Divert attention away from other priorities impacting overall public safety
Define Harmful, Immorality and Punishment as features of crime.
Harmful - damaging to society
Immorality - Wrong, reflects society’s values
Punishment - Fine, imprisonment or community corrections order. Those guilty of a crime must be punished.
How is the POI upheld?
- Burden of proof
- Standard of proof
- Right to silence - accused is not required to answer questions or give evidence. This silence cannot be taken as guilt.
- Inadmissibility of past convictions - past crimes cannot be established as evidence in admitting an accused’s guilt.
What are the reasons to have an indictable offense heard summarily.
- Time - cases heard in MC are dealt with faster than CC or SC (TD)
- Cost - typically cheaper to have a lawyer represent in the MC than CC
- Sanction - MC is restricted on max penalty that can be imposed. 2 years for single offence, 5 years for multiple
