Crime Flashcards
1
Q
What would it be like if there was no criminal laws?
A
Individuals would feel vulnerable and unsafe due to there being no guidelines of what is acceptable behaviour.
2
Q
Define a crime:
A
An act or omission which is against an existing law, harmful to another individual or society as a whole and can be punishable by law.
3
Q
For a crime to exist, what does it have to go against?
A
An act or omission
4
Q
What are victimless crimes?
A
Crimes that harm no-one other than person who’s committing the act.
5
Q
Why is taking drugs a crime If it affects the person taking it?
A
Generally it’s seen as harmful to a society as a whole, because it goes against what most people view as acceptable behaviour and it has the possibility to harm others.
6
Q
How is a crime punishable by law?
A
Committing a crime is different from breaking a non-legal rule as a person who’s committed a crime can be punished though the courts as a consequence of committing the crime.
7
Q
What are the two elements of a crime?
A
Must exist if there is a guilty act and guilty mind.
8
Q
What is actus reus?
A
A guilty act
9
Q
What is mens Rea?
A
A guilty mind
10
Q
What are the types of crimes?
A
They are classified according to seriousness:
- summary offences (minor, heard in magistrates court)
- indictable offences (serious, heard by judge and jury)
- indictable offences heard summarily (indictable offences, heard in magistrates court as if they were summary offences)
11
Q
What is the burden of proof?
A
In criminal proceedings the prosecutions is required the burden to prove the accused is guilty.
12
Q
What is a firm belief in criminal cases?
A
The accused is presumed innocent until proven guilty.
13
Q
What the job of a prosecutor?
A
To prove if the accused is guilty, to achieve justice for the victim and society as a whole
14
Q
What is the director of public prosecutions (DPP) responsible for?
A
For bringing prosecutions in the county court, Supreme Court and high court on behalf of the state of Victoria.
15
Q
What are and does strict liability crimes include?
A
They are crimes which involve there being no need to prove intention to commit the crime. This can include:
- traffic offences
- serving liquor to under-age persons
16
Q
What is the reversal of onus of proof?
A
The accused has to prove their innocence to the crime.
17
Q
What is the standard of proof?
A
In criminal trials the prosecution has to prove that the offender is guilty of a crime beyond reasonable doubt.
18
Q
Who decides if the offender is guilty of a crime in a magistrates court?
A
The magistrate decides verdict
19
Q
Who decides if the offender is guilty of a crime in the county court or Supreme Court?
A
The jury decided verdict and judge will decide sentence.
20
Q
In a Supreme Court or county court what verdict should be reached to find the offender guilty?
A
The jury of 12 should reach an unanimous verdict, or of not possible a majority verdict consisting of 11 out of 12
21
Q
What is a hung jury?
A
An unanimous or majority verdict could not be reached in a trail before a judge and jury.
When this happens, accused is free to go. Though office of public prosecutions can decode at a later date to bring the accused to trail again.
22
Q
The presumption of innocence protects whom?
A
Individuals from being wrongly arrested ad treated.
Under the rules of natural innocence, everybody is given an opportunity to put forward their case and be heard by unbiased, independent decision maker.
23
Q
What I s the age of criminal responsibility?
A
Those over the age of 10 can be found guilty of murder, while those under are seen to have no intention to commit a crime.
24
Q
What is doli incapax?
A
legal principle that children between 10-14 are mentally incapable to commit a crime
25
What is the accused?
The person/offender who has been accused of a crime.
26
Define prosecutor :
Person pricing the case on behalf of the state.
27
People who aid, abets, councils or organises an indictable summary offence is treated as if they were the main offender. A List of things that are considered an offence include:
- encouraging a person to commit a crime
- assisting a person committing a crime
- handing advise to a person who's about to commit a crime
- organise the commission of a crime
- knowingly conceal information about a crime
28
Explain Accessory to a crime:
A person who is found guilty of providing assistance or guidance in a crime. Usually a person has knowing obstracted the apprehension, prosecution, conviction or punishment of the main offender of a crime.
29
What crimes are against the human person?
Murder, attempted murder,manslaughter, culpable driving, rape, assault and kidnapping.
30
Define Homicide
The killing of a person without lawful consent, which can include murder, defensive homicide, infanticide and child homicide
31
What is murder?
The unlawful killing of a person with malice aforethought, by a person who is 10 years or older and of sound mind.
32
What is the maximum penalty of murder?
Life imprisonment. Or 25 years.
33
To be found guilty of murder the prosecution has to prove what elements?
- The killing was unlawful-meaning it was not authorised or have lawful reason to cause a persons death
- the accused was the age of discretion as people under this are consider incapable of forming intention to commit a crime
- the victim was a human being
- the person was of sound ind, meaning that their actions were voluntary, conscious and deliberate.
- the accused caused the victims death as their actions contribute significantly to their death
- malice aforethought exists, where there was intention to commit the crime
34
For malice aforethought to exist, the accused actions must be voluntary and have one of the following sounds of mind:
That the accused either:
- had an intention to kill
- had the intention to cause serious harm or injury
- reckless indifferent, meaning the accused knew the penalty of their actions
- they had the intention to assault a person who was trying to make a lawful arrest, which resulted in persons death.
35
When proving that the accused caused the victims death, there must be a causal link, meaning:
There has to be an unbroken link to the act of the accused and the death of the victim. If there's an intervention to break that link, the accused can possibly not be found guilty of murder of the accused, but charged with a smaller crime.
36
What is attempted murder?
The offence where an offender is guilty of attempting to kill a person. And found guilty of:
- intending to commit the murder
- believed tat the murder was to occur
- preparing to commit the murder
- have a connection to crime
37
What is the maximum penalty of attempted murder?
25 years imprisonment.
38
What is manslaughter?
An offence that takes place when an offender has caused the death of a victim due to criminal negligence or an unlawful and dangerous act.
To be charged with it, the accuse has to be guilty of:
- criminal negligence, meaning their actions were below the expected standard of care that a common person would have done in a similar situation
- unlawful and dangerous acts, meaning their actions were dangerous and unlawful and if a reasonable person was in that situation, they would've realised that the person was likely to die or get seriously injured.
39
What is the maximum penalty of manslaughter?
20 years imprisonment
40
What is defensive homicide?
A crime that involves someone being found guilty of killing an individual out of defence. The accused must believe their actions were necessary to protect themselves or anther person from the threat of death or serious injury.
41
What is the maximum penalty of defensive homicide?
20 years in prison if the court finds the offenders action unreasonable in the circumstances.
42
What is infanticide?
Where a mother kills her child, who's under the age of 2, in situation that would be considered murder, but isn't due to mother having a mental condition due to effects of child's birth.
43
What is the maximum penalty for infanticide?
5 years imprisonment.
44
What is child homicide?
Where a person is found guilty of killing a child who is under the age of 6, in a situation that would normally be called manslaughter
45
What is the maximum penalty for child homicide?
20 years in prison.
46
What are some defences to homicide?
- accident
- self defence and defensive homicide
- duress
- mental impairment
- automatism
- intoxication
- sudden or extraordinary emergency
47
What is self defence?
To be found not guilty of murder, using the defence of self-defence, the accused must prove that:
- they and the belief that it was necessary to act to defend themselves or another person from serious harm or injury
- had reasonable grounds for this belief
If this is proved, the accused will be acquitted (found to be not guilty of crime)
48
What is defensive homicide?
Where the court decides the person can't be proven if they acted in response to a perceived threat of serious harm, but rather guilty of defensive homicide.
Maximum penalty of 20 years.
49
What is duress?
A threat that must be proven by the accused, that they were in a dangerous position and faced a threat towards themselves or their family, but the threat must involve the belief in death or serious injury. This can possibly lead to their acquittal.
The accused has reasonably believe:
- a threat of harm was to be carried out unless the person commits a crime
- committing a crime is the only reasonable way to avoid the threat
- their conduct is a reasonable response to the threat
50
A person will not be found guilty of homicide, if the person reasonable believes:
- there is a sudden or emergency situation
- their actions are the only reasonable way of dealing with the emergency situation
- their actions were a reasonable response to the emergency situation
51
Explain the defence of mental impairment:
Is whee the defence exists in situations where a person who suffers a mental illness at the time of the crime, and as a result the person:
- were not aware of their actions
- did not understand the penalties of their actions
52
Explain the defence of automatism:
This defence concerns the involuntary actions that aren't caused by a disease of the mind. In this defence the accused must show that they were unable to form the intention to commit the crime.
For this defence to be accepted, it must be show that the act was:
- involuntary
- done by an individual who was not conscious of what they were doing
53
Explain the defence of intoxication:
Relevant to proving if mens Rea did or did not exist, or whether the accused acted voluntarily and with criminal intent. When trying to prove this defence, the actions of the accused must be compared to another reasonable person who is not intoxicated.
It's assumed that intoxication isn't self-induced if it is:
- involuntary
- due to Freud, accident
- due to proper use of a prescription medication where person wasn't aware of drugs effects
54
Explain the defence of accident:
In some cases the accused claims it was an accident. When this is suggested, it is where the accused claims that they did not poss a guilty mind. If this is the crim stance, the reason can't be found guilty of murder. If court accepts this defence the accused is acquitted.
55
A person can be found of culpable driving casing death if that person is responsible for the death of another road user while driving a motor vehicle. The prosecution must prove that the driver was doing one of the following:
- driving recklessly
- driving negligently
- driving under the influence of alcohol or a drug to the extent of being incapable of properly controlling the vehicle.
56
What is the maximum penalty for culpable driving Causing death?
20 years in prison
57
What is the maximum penalty for dangerous driving causing death?
10 years in prison
58
What is the maximum penalty for dangerous driving causing serious injury?
5 years in prison
59
What is rape?
Rape is unwanted sexual entertain in the mouth, anus, and vagina of another person, including with a penis or other body part or object. A person commits rape if:
- they intentionally penetrated another without consent, while be unaware they did or did not consent
- after sexual penetration, does not withdraw from the person who isn't consenting
- if the offender compels a person to penetrate the offender or other person, whether they consent or not
60
What's the meaning of consent?
Consent means free agreement, (saying yes)
61
What is the defence to rape?
The accused might try and argue that they weren't aware that they didn't give thier consent. This defence must be reasonable.
62
In circumstance such as rape, what is the Judge's directions to a jury?
Judge directs and explains to a jury that:
- if there is no consent form the victim, that is enough to show illegal sexual act took place
- a victim may have a good reason to delay the report of sexual offence and this delay should not ordinarily affect the victims credibility.
63
What is the maximum penalty of rape?
25 years in prison
64
What is the proposed penalty for assault with intent to rape and sexual intercourse with a child under 16?
Should be raised from 10 years to 15
65
Why is criminal law needed?
It's used to distinguish and explain different types of behaviour that are found to be criminal by society. It also has a range of punishments to fit the crimes.
66
What are types of criminal sexual assault?
Any sexual behaviour that makes someone feel threatened, intimidated, uncomfortable or frightened.
It's a type of crime that abuses power and are never the fault of the victim.
67
Explain the sexual assault of child pornography?
It's a crime that is illegal to make or withheld child pornography, or to invite a minor to be involved in the making of porngraphy.
Any minor find acting in sexual activity is considered to be in child pornography.
68
Penalty for accused of child pornography?
Maximum penalty from 5-10 years imprisonment.
69
Elements of sexual assault.
- sexual offences against a child (under 16)
- indecent assault
- procuring sexual penetration of a child under 16
70
What is assault?
It involves the direct or indirect application of force to the body, clothing or equiptment of another person, where the application of force is without lawful excuse and intentionlal, which may cause serious injury or harm.
71
What is the maximum penalty of general assault?
5 years in prison
72
What is the maximum penalty for common assault?
A fine of 15 penalty units or three months in prison.
73
What is the Penalty of aggravated assault?
A fine of 25 units, or 6 months in prison
74
What are some other offences against a human person?
- intentionally or recklessly causing injury
- threatening to kill or injure another person
- stalking another person
- negligently endangering life of persons.
75
Define defensive homicide
Where a person believes that they were acting in self defence but a court finds the beliefs or actions of the accused unreasonable.
76
Define homicide
The killing of a person
77
What is an indictable offence?
More serious offence which can be heard before a jury and judge.
78
What is strict liability?
A crime where there is no need to prove intention to commit the crime
79
What is a summary offence?
Minor offence Heard in magistrates court.
80
What are defences to assault?
Include lawful use of force, self defence, necessity, intoxication and duress.
81
What is the lawful use of force?
The accused can not be found guilty if it's shown that the force used was lawful.
The lawful use of force may include:
- use of force to prevent crime
- use of force to protect property
- use of force to protect another person
The use of this defence can not be disproportionate with the actions taking place.
82
What are the elements of criminal liability?
Burden of proof and standard of proof.
83
What are the participants of a crime?
- The accused
- The prosecution
- the accessory
84
What are some defences to homicide?
- Self defence and defensive homicide.
- duress
- mental impairment
- sudden or extraordinary emergency
- automatism
85
What are offences causing death or serious injury include?
- culpable driving causing death
- dangerous driving causing death
- dangerous driving causing serious injury
86
If a person is found guilty of kidnapping, they must be proven to:
- have detained another with the intention of demanding payment or a ransom for the release of the person
- have detained another with the intention of gaining an advantage even if no demand or threat is made
87
What is the maximum penalty for kidnapping?
25 years.
88
What is blackmail?
Blackmail is where a person makes unwarranted, menacing demands or threats with the intention of obtaining some personal gain or causing loss to another.
89
What is the maximum penalty for blackmail?
15 years
90
What are some crimes that are against property?
- Theft, robbery and burglary
- Freud
- computer crimes
- destroying or damaging property.
91
Explain the differences between theft, robbery and burglary:
Theft is an offence where an individual steals a person's property with the intention to per mantle keep it. Robbery is an offence that involves using force on a person as before or during they steal. And burglary is breaking and entering into a person's property it's the intention to steal, assault a person and damage the building.
92
What is the maximum penalty for robbery?
robbery - 15 years
| Armed robbery - 25 years
93
Maximum penalty for theft
theft - 10 years in prison
| Shop theft - two penalty units
94
What is the maximum penalty for burglary?
Burglary - 10 years
| - aggravated burglary - 25 years
95
What is Freud?
An offence that is divided into two sections, which is attaining property by deception with the intention of permanently depriving the other person of it and obtaining financial advantage by deception.
96
What is the maximum penalty for Freud?
10 years in prison
97
What do computer crimes include?
- unauthorised access to or modification of restricted data
- unauthorised impairment of data held in a computer disk, credit card or other device
- unauthorised modification of data to cause impairment.
98
Identity theft is a computer crime. What is it?
Stealing a person's identification information includes address, credit card numbers, drivers licence number, passport number, digital signature and Australian business number. It's an offence to make, supply or use identification information or hold equipment to make identification documents.
Maximum of threes years in prison
99
What are some offences that are based on destroying and damaging property?
- arson: deliberately lighting a fire, 10 years. If it causes death, it's 25 years.
- graffiti: marking property without consent, 2 years in prison. Possessing an implement to make graffiti, without lawful excise or with intention to mark graffiti, is 25 penalty units.
100
What are some defences to property crimes?
- Factual dispute
- lack of intent
- honest and reasonable mistake
- duress
- intoxication
- mental impairment
- Mistaken identity
101
What is the principles of criminal liability?
- The burden proof
- the standard of proof
- presumption of innocence
- age of criminal responsibility
- participants in crime
102
Who are the participants of a crime?
The accused, the prosecutor, the accessory
103
Can somebody be charged with conspiracy to murder?
Yes, if he or she agrees with any other person that a course of conduct should be carried out that will involve the commission of murder. to be found guilty, the accused must have every intention to commit the offence.
104
What happens if a person survives a suicide pact while the others die?
If two or more people enter a suicide pact, and one person des but another does not, the accused can be found guilty of manslaughter. The court must be satisfied on the balance of probabilities, that the act was done or the omission made as part of a suicide pact.
105
What are some defences to homicide?
- self defence or defensive homicide
- sudden or extraordinary emergency
- duress
- intoxication
- accident
106
What are the changes to the law of rape?
Under the proposed changes, an accused would be able to be found guilty of rape, if they did not reasonably believe the victim consented.
They also proposed to make two new offences, including:
- child endangerment: when a perks places a child's life at risk
- grooming a child under 16 for sexual conduct
107
What is the principles of criminal liability?
- The burden proof
- the standard of proof
- presumption of innocence
- age of criminal responsibility
- participants in crime
108
Who are the participants of a crime?
The accused, the prosecutor, the accessory
109
Can somebody be charged with conspiracy to murder?
Yes, if he or she agrees with any other person that a course of conduct should be carried out that will involve the commission of murder. to be found guilty, the accused must have every intention to commit the offence.
110
What happens if a person survives a suicide pact while the others die?
If two or more people enter a suicide pact, and one person des but another does not, the accused can be found guilty of manslaughter. The court must be satisfied on the balance of probabilities, that the act was done or the omission made as part of a suicide pact.
111
What are some defences to homicide?
- self defence or defensive homicide
- sudden or extraordinary emergency
- duress
- intoxication
- accident
112
What are the changes to the law of rape?
Under the proposed changes, an accused would be able to be found guilty of rape, if they did not reasonably believe the victim consented.
They also proposed to make two new offences, including:
- child endangerment: when a perks places a child's life at risk
- grooming a child under 16 for sexual conduct
