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legal 1/2 > ch 5- indictable offences > Flashcards

ch 5- indictable offences Flashcards

1
Q

homicide

A

the killing of another person without legal justification

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2
Q

manslaughter

A

the unintentional killing of a person due to reckless, dangerous or negligent behaviour

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3
Q

infanticide

A

the killing by a mother of a child under 2 while suffering a mental condition caused by the effects of birth

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4
Q

child homicide

A

the killing of a child under the age of 6 in circumstances normally considered manslaughter

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5
Q

culpable driving causing death

A

the act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner or under the influence of drugs or alcohol

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6
Q

homicide by firearm

A

the killing of a person by discharging a firearm in circumstances that would normally be manslaughter

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7
Q

murder

A

most serious homicide with the max penalty being life imprisonment. the intentional, unlawful, voluntary killing of someone

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8
Q

what are the 4 elements of murder

A
  1. the killing was unlawful
  2. the acts were voluntary
  3. the acts caused death
  4. the accused acted with the intent to kill or cause harm
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9
Q

element 1- the killing was unlawful

A

must prove there was no legal justification for causing death

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10
Q

element 2- voluntary acts

A

must prove they were awake, aware and in control of their bodily actions

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11
Q

element 3- causation

A

without the actions of the offender the murder wouldn’t have occurred
there must be a direct and unbroken causal link
natural consequences test and the substantial and operating test may be conducted

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12
Q

element 4- intention to kill

A

malice aforethought- state of mind to cause death
intentional murder- at the time, there was teh desire and foresight to kill
reckless murder- it must be reasonably foreseeable

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13
Q

defending murder

A

other than defending the charge on the basis that one or more of the elements of murder haven’t been satisfied, the accused can also rely on a defence such as any of the general defences to murde

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14
Q

defending murder- self defence

A

must kill to protect them/others if not they would have been injured or killed
must be within reason and necessary
322K ( 3) of the Crimes act

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15
Q

defending murder- duress

A

reasonable belief that the threat would have occurred otherwise
threat to inflict injury or cause death
332 O crimes act

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16
Q

sudden/extraordinary emergency

A

circumstances pertaining to emergency existed, there was risk of death or injury and it was the only reasonable action
332 R Crimes act 1958

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17
Q

standard sentence

A

the sentence that should be imposed for ‘middle of the range of seriousness’ offending, before the judge takes into account any other relevant sentencing factors (such as the offender’s personal circumstances or guilty plea). Standard sentences exist for
13 serious indictable offences (such as murder, culpable driving causing
death and trafficking large quantities of unlawful drugs)

18
Q

life imprisonment

A

serve a sentence either in prison or in the community under supervision for the rest of their life

19
Q

standard sentence for murder

A

25 years or 30 years if the victim is an emergency worker or custodial officer on duty

20
Q

guilty plea

A

early guilty plea lessens the severity

21
Q

nature and gravity

A

using a weapon ( the type and manner it was used)
commission of the attack ( infront of kids)

22
Q

vulnerability of the victim

A

where they defenceless- elderly, young, physically or mentally disabled

23
Q

conduct after

A

cruel and heartless
or remorseful, cooperative

24
Q

premeditated

A

more severe

25
Q

personal circumstances

A

mental health, financial stability etc.

26
Q

statistics and trends VIC

A

sentencing advisory council
- 2017-2022 97 people were sentenced in VSC
- murders made up 2.8% of those sentenced
-73% murderers were 25-54
- all sanctioned to roughly 20 years and 6 months
- 91% were male

27
Q

statistics and trends NT

A
  • upwards trend in recent years, 1.6-2.4 between 2019-2023
  • murder rate is 3x higher
  • feb to jan
  • social disadvantage and hardship- alcohol and drug consumption, family dysfunction, mental health issues
  • greater homicide rates from 4.4-8 between 2021-2023
28
Q

impacts- victims and relatives: physical

A

stress, grief, fear, insomnia, memory loss, cardiac issues, diabetes

29
Q

impacts- victims and relatives: psychological

A

high risk of mental health disorders from the emotional trauma
may be witnesses
disconnected from society
may feel tehres limited rights
( they do have the right to VIS, be informed of processes, financial compensation, treat with respect)

30
Q

impacts- victims and relatives: economical

A

if main family provider, there may no longer be income

31
Q

impacts- victims and relatives:social

A

discomfort, strain
exacerbate pain and isolation if spousal
public attention
media scrutiny

32
Q

impacts- offender: physical

A

may have sustained injuries

33
Q

impacts- offender: psychological

A

guilt/remorse
mental health disorder
defend in court may cause uncertainty

34
Q

impacts- offender: economical

A

loss of income, and legal rep

35
Q

impacts- offender: social

A

can’t socialise
relationship breakdown

36
Q

impacts- community: economic

A

bad reputation for the area, bad for business
medical treatment
law enforcement- tax payers
court costs- judge and gov funding

37
Q

impacts- community: social

A

greater workload to ensure safety
trauma to emergency workers
loss of productivity and confidence and community values
coronial servces

38
Q

impacts- community: legal

A

societal costs for court
harsher laws
overburdened

39
Q

impacts- community: political

A

commission into family violence
every 9 days a woman is killed and every month a man is killed by his partner

40
Q

impacts- community: health

A

witnesses may suffer mental trauma

legal 1/2 (10 decks)

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