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