Chapter 2C: Key Concepts of Criminal Law Flashcards
For a person to be found guilty and sanctioned what must occur?
They must be found guilty of committing the crime beyond a reasonable doubt by the prosecution
For most crimes, what must be proven beyond a reasonable doubt?
The actus reus and mens rea
What is actus reus?
A guilty act, whereby the accused acted, or failed to act, which resulted in criminal consequences
What does mens rea refer to?
The mental state of mind of the accused involving an intention to commit the crime
What does mens rea require to be proven?
One of intention, recklessness or negligence to be proven
Under the Criminal Code of 1995, what are the laws regarding terrorism?
It is an offence to commit a terrorist act, plan/prepare for a terrorist act, finance terrorism, provide or receive training connected with terrorism and collect/make documents likely to facilitate terrorist acts
What is a criminal offence whereby mens rea occurs but actus reus does not need to?
A person may be convicted of a terrorist act offence, if they intend to commit one of the offences, even if the terrorist act itself does not occur
What is murder defined as?
Voluntarily causing the death of another person with malice aforethought, and without lawful excuse
What are the actus reus and mens rea elements of murder?
Actus reus = Voluntarily causing the death of another person
Mens rea = Malice aforethought
What will any person who causes the death of another person by the culpable driving of a motor vehicle be guilty of?
An indictable offence, with a maximum imprisonment of 20 years
What is an example of recklessness during driving?
The driver disregards a substantial risk that the death of another person may result from their driving
What is an example of negligence during driving?
The driver fails to observe the standard of care which a reasonable person would have observed in the circumstances of the case
What is manslaughter defined as?
Unlawfully causing the death of another person, without malice aforethought
What are strict liability offences?
Offences where there is no need to prove any mens rea of the crime for a person to be found guilty
What are some examples of strict liability offences?
Speeding, running a red light, refusing a breath test or serving underage people alcohol
Why do strict liability offences exist?
They allow offenders to be charged for the simple act of committing the offence which protects society, they are a more effective deterrent to crime because it is easier to convict people and it means a backlog of cases does not occur
What is the age of criminal responsibility defined as?
The required age of an offender in order for them to be prosecuted for a criminal offence
What does the age of criminal responsibility state for people aged less than 10 years?
Any child less than 10 years of age cannot be charged with committing a crime, because it is presumed, they cannot form the intention required to commit a crime
What does the age of criminal responsibility state for people aged over the age of 14?
They are criminally liable for any crimes they commit
What does the age of criminal responsibility state for people aged between 10-14?
There is a presumption that a child is incapable of forming the mens rea to commit a crime because they do not know right or wrong, known as doli incapax
What is doli incapax and how can it be overturned?
A rebuttable presumption, which can be overturned if the prosecution can show that the child knew that their actions were right or wrong at the time of the crime
What does the burden of proof refer to and who carries it in a criminal trial?
The responsibility of proving the facts of the case held by the party who is responsible for meeting the standard of proof. It is carried by the prosecution during a criminal trial
What does the standard of proof refer to?
The strength of evidence required for the decision maker to reach a verdict in a case
What is the standard of proof for a criminal and civil case?
Criminal = Beyond reasonable doubt Civil = Balance of probabilities
How does the burden of proof uphold the presumption of innocence?
It requires the prosecution to prove that the accused committed the crime for which they are charged
In the magistrates court, who decides on a verdict?
A single magistrate
In the county and supreme courts, who decides on a verdict?
A jury of 12 and the judge
