CRIME Flashcards
Actus Rea
The performance of the crime
Mens Rea
The intent to commit the offence
Causation
The performance of an act that caused the offence
Strict liability
This requires the prosecution to only prove the act had been preformed eg driving offences
Summary offences
Are offences that are considered less serious
Indictable offences
Are more serious offences
Complete defences
Mental illness or insanity Automatism Mistake Duress Self defence or necessity Consent
Partial defences
Provocation
Diminished responsibility
Batter partners syndrome
Situational crime prevention
Increase the risk of detection and makes crime more difficult eg security cameras
Social crime prevention
Attempts to identify and reduce the factors that may lead to criminal behaviour eg poor parenting
Police powers (legislation)
Law enforcement (powers and responsibilities) act 2002 NSW
Police powers
Detain and question suspects Search and seizure Use of reasonable force Arrest and interrogate suspects Recommend bail
Investigating crime (case)
Darby v the DPP 2004
Investigating crime
Gathering evidence
Use of technology
Search and seizure
Use of warrants
Summons
Is a legal document that requires a person to attend court
Bail or remand (legislation)
Amendments to the Bail Act September 2015
Bail or remand (case)
R v Young (2006)
Jury selection (legislation)
The Jury act 1977 NSW
Post sentencing considerations
Security classification Protective custody Parole Preventative and continued detention Sexual offenders registration Deportation
Legal personnel
Magistrates Judges Prosecutors Police prosecutors DPP Defence lawyers Public defenders office
Charge negotiations
Where the accused pleads guilty to a particular charge or charges usually for a lesser sentence
Age of criminal responsibility (legislation)
The Children (criminal proceedings) Act 1987 NSW
Doli Incapax
The notion that children under 10 are to young to form the necessary mens Rea
Penalties for children (cases)
R v GPD 1991
R v Pham and LY 1991
Alternatives to court (legislation)
The young offenders act 1997 NSW
warnings
On the spot official notice for minor offences
Cautions
A formal record of an offence
Alternatives to court
Warnings
Cautions
Youth justice conferencing
International crime
Crimes against the international community
Crimes against humanity
Transnational crime
Transnational crime
Crime that takes place across the borders of states
International law (legislation)
Rome statue 1998
ICC act 2002
War crimes act 1945 Cth
International law (mechanisms)
Australian federal police Australian crimes commission Ad hoc tribunals Extradition treaties ICC
