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11 Legal Studies > Chapter 2- Criminal Law > Flashcards

Chapter 2- Criminal Law Flashcards

1
Q

Homicide

A

The killing of a person; murder, manslaughter, defensive homicide and child homicide are unlawful homicides.

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2
Q

Indictable offence

A

More serious offences which can be heard before a judge and jury.

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3
Q

Manslaughter

A

The killing of someone by another person through criminal negligence or while conducting an unlawful or dangerous activity

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4
Q

Summary offence

A

Minor offence heard in the magistrates’ court

Eg. Traffic offences, offensive language, drunk in public, damage under $5000

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5
Q

What is the definition of crime?

A

An act or omission that is against an existing law, harmful to an individual or society and is punishable by law.

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6
Q

Why is criminal law needed?

A

~To clarify types of criminal behaviour
~To deter crime
~Stipulate punishments for different criminal offences
~Provide a guide for acceptable behaviour in order for others to feel safe.

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7
Q

What makes an act criminal?

A
  1. If it’s against an existing law.

2. If it’s harmful to an individual or society

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8
Q

What are the elements of a crime?

A

Actus rea- guilty act

Mens rea- guilty mind

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9
Q

What elements must the prosecution prove to for a person to be found guilty of murder?

A 
~The killing was unlawful 
~The accused was over the age of discretion 
~ The victim was a human
~The accused was of sound mind 
~ The accused caused the victim's death
~Malice aforethought existed
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10
Q

Indictable offence

A

More serious crimes heard before a judge and a jury

Eg. Kidnapping, homicide, rape, theft over $100,000

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11
Q

What are the categories that determine whether an individual could be charged with manslaughter?

A
  1. Criminal negligence

2. Unlawful and dangerous acts

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12
Q

If someone is to be guilty of manslaughter because of unlawful and dangerous acts, what must be proven?

A
  1. The physical act that killed the victim was intentional
  2. The act was unlawful
  3. The act was dangerous
  4. The accused did not act in self defence
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13
Q

What are some defences to homicide?

A
  1. Self defence
  2. Duress
  3. Sudden or extraordinary emergency
  4. Mental impairment
  5. Automatism
  6. Accident
  7. Intoxication
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14
Q

What is malice aforethought?

A

The intention to commit the crime

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15
Q

What are the states of mind in order for malice aforethought to exist?

A
  1. Intention to kill
  2. Intention to inflict serious injury
  3. Reckless indifference
  4. Intention to assault a person who was trying to make a lawful arrest
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16
Q

What is the maximum penalty for murder?

A

Life imprisonment

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17
Q

What is a causal link?

A

The unbroken link between the act of the accused and the death of the victim.

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18
Q

Bail

A

The procedure that enables accused people to be released from custody after being charged awaiting their hearing or trial

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19
Q

Charge

A

When the police formally allege that a person has committed a crime

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20
Q

Custodial sentence

A

A sentence where the offender is detained in custody(in prison).

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21
Q

Denunciate

A

When a court shows disapproval

22
Q

Recidivist

A

A person who continues to commit crimes despite being punished for them

23
Q

Rehabilitate

A

Restore to a life without crime; restore reputation

24
Q

Remand

A

A suspect is refused bail and is held in custody until the trial

25
Q

Summons

A

A document telling the accused which court will deal with their criminal case and the mention date

26
Q

Surety

A

Person who guarantees the appearance of an accused person at their trial if they have been released on bail

27
Q

How can criminal activity impact on victims?

A

Financially, physically and mentally

28
Q

Victims of Crime Assistance Tribunal

A

Provide compensation for victims of crime for the loss they have suffered

29
Q

What impact does crime have on offenders and their families?

A

Guilt, emotional strain, finance

30
Q

What ways can crime affect the community?

A
  1. Physical pain
  2. Financial loss
  3. Cost of providing police to enforce law
  4. Cost of providing medical care to victims
  5. Cost to individuals of insurance premiums
  6. Extra cost placed on goods to cover loss or damage
  7. Lost workdays
31
Q

Victims’ charter

A

A set of guiding principles outlining the minimum standard of treatment, support and services that victims can expect from the criminal justice system

32
Q

Sanctions

A

Criminal punishments provided by the courts

33
Q

What are the aims of criminal sanctions?

A
  1. Punish
  2. Protect
  3. Denunciate
  4. Deter
  5. Rehabilitate
34
Q

What must criminal sanctions be in order to be effective?

A

~Appropriate to severity of the crime
~Appropriate to the offender( financial, social, cultural, health circumstances)
~Acceptable to the community
~ Able to fulfil aims

35
Q

How to reduce recidivism?

A

Rehabilitate offender

36
Q

How can an offender receive a lighter sentence?

A

Pleading guilty early

37
Q

What are the guidelines for sentencing?

A
  1. Maximum penalty
  2. Current sentencing practises
  3. Nature and gravity of the offence
  4. Degree of blame on the offender
  5. Whether pleaded guilty
  6. Whether followed the requirements of the directions hearings
  7. Previous character
  8. Presence of any aggravating circumstances or mitigating factors
  9. Impact of the crime on the victim
38
Q

What is bail

A

Bail is the release of an accused person from legal custody on the understanding that he or she will appear at their hearing or trial.

39
Q

When can bail be granted?

A
  • Time of arrest
  • During the trail
  • Awaiting sentencing or an appeal
40
Q

When can bail be refused?

A

When accused is:

  • charged with murder or treason
  • charged with drug trafficking
  • already in custody for another crime
  • considered in custody for another crime
41
Q

What is a surety?

A

A family member or friend who promised to lay a sum of money if the accused fails to attend court

42
Q

What is the maximum penalty for manslaughter?

A

20 years in prison

43
Q

General deterrent

A

Discourages people in general from committing the crime

44
Q

Specific deterrent

A

Aimed at stopping the specific offender from recommitting the crime

45
Q

Indictable offences heard summarily

A

Indictable offences that are punishable by 10 years or less in prison or a fine of $120,000 or less.

Eg. Extortion with threats to kill, theft and burglary under $100,000

45
Q

Theft

A

Dishonestly taking someone’s property

45
Q

Robbery

A

Using force or fear whilst stealing

45
Q

Burglary

A

Trespassing a building with the intent to steal, commit assault and damage property

45
Q

What are some crimes against the property?

A

~Theft related crimes
~Fraud
~Computer crimes
~Damage to property

45
Q

What are some defences to crimes against property?

A 
~Mistake
~Lack of intent
~Duress
~intoxication
~Mental impairment

11 Legal Studies (7 decks)

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