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legal studies > criminal law > Flashcards

criminal law Flashcards

1
Q

What is a crime?

A

a crime is an act or omission that goes against an existing law, harmful to an individual or to society, punishable by law.

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2
Q

Elements of a crime

A

ACTUS REUS - the act of
committing a crime
MENS REA - the intent to commit
a crime

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3
Q

STRICT LIABILITY

A

does not involve a guilty mind,
the actus reus is enough to
establish guilt. there is no need
to prove intent.

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4
Q

AGE OF
CRIMINAL
RESPONSIBILITY

A 
the minimum age a person must
be to be charged with
committing a crime.
- a person under the age of 10
cannot be charged
- between 10-13 can be charged
if the child knew the actions
were wrong
- over 14 is considered
criminally liable and is charged as an adult
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5
Q

BURDEN OF

PROOF crim

A

the responsibility to prove the
allegations made in a case. it is
held by the party or person who
brings the case into court.

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6
Q

STANDARD OF

PROOF crim

A 
the strength of the evidence
needed to prove a legal case. it
must be proven beyond
reasonable doubt. evidence
should be realistic.
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7
Q

What are the ourposes of criminal law?

A
  • protect individuals
  • protect property
  • protect society
  • promote justice
  • protect rights + cultures
  • maintain public order + security
  • protect justice and the rule of
    law
  • improve society generally
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8
Q

Presumption of innocence

A 
if accused of a crime, they will not
be treated, as far as possible, as
being not guilty until the charge
has been proved beyond
reasonable doubt.
Beyond reasonable doubt is the
standard of proof (the level of
proof) required for the
prosecution to suceed in a case
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9
Q

social purpose/nature of crimes

A
  • crimes against the person eg. assault, kidnapping, bribery, reckless endangerment
  • property and deception offences eg. insurance fraud, changing of price, forged receipts, ponzi schemes
  • drug offences eg. possesion, trafficking, manafacturing, export/import
  • public order and security offences eg. offensive language,
    laser pointers, offensive behaviour
  • justice procedure offences eg. refusing police
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10
Q

Types of crime

A

CYBER CRIME

HATE CRIME

ORGANISED CRIME

JUVENILLE CRIME

WHITE COLLARCRIME

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11
Q

cyber crime

A

committed using computers, or
other electronic systems and
devices. online fraud, stolen
software or hacking

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12
Q

hate crime

A

motivated by prejudice and bias
against a person or group
based on a characteristic eg.
sex, age, skin, race.

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13
Q

organised crime

A

planned and ongoing matters
organised by criminal groups or
gangs eg. drug trafficking,
money laundering, sale of guns.

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14
Q

juvinelle crime

A

undertaken by people between
10-18 yrs of age eg. property
damage, assault or theft.

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15
Q

WHITE COLLAR CRIME

A

crimes by people who work in
government, businesses or in
the corporate world eg. theft,
fraud, tax evasion, investment scams

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16
Q

PARTICIPANTS IN A CRIME

A
  • THE PRINCIPAL OFFENDER

- ACCESSORY

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17
Q

THE PRINCIPAL OFFENDER

A 
the person who commits the
offence and has carried out the
actus reus. any person who is
involved in a crime is considered
a principal offender including
anyone who intentionally assists,
encourages or directs another
person to commit the crime.
18
Q

ACCESSORY

A 
person without lawful excuse who
helps the principal offender after
a crime has been commited eg.
avoiding them being arrested
convicted or punished fo
19
Q

CLASSIFYING A CRIME

A
  • INDICTABLE OFFENCE

- SUMMARY OFFENCE

20
Q

INDICTABLE OFFENCE

A

serious crimes, usually heard in the higher courts eg. County
+ Supreme Court before a judge or jury. for
eg. breaking into a car

21
Q

SUMMARY OFFENCE

A

minor crimes heard and determined in the magistrates court by
a magistrate. For eg. tattooing a person under the age of 18

22
Q

Murder

A

murder is the unlawful killing of another human without
justification or valid excuse
- The most serious form of homicide
- Intentional or reckless killing of another person

23
Q

ELEMENTS OF MURDER

A
  • THE KILLING WAS UNLAWFUL
  • THE VICTIM WAS A HUMAN BEING
  • THE ACCUSED WAS A PERSON OVER THE AGE OF DISCRETION
  • THE ACCUSED CAUSED THE VICTIMS DEATH
  • THE ACCUSED WAS A PERSON OF SOUND MIND
  • THERE WAS MALICE AFORETHOUGHT

for a person to be found guilty of murder, all six
elements of murder must be proven. if not, the
accused will result in being found not guilty of
murder.

24
Q

THE VICTIM WAS A HUMAN BEING

A

must be a living person who is born. they must be in a living state, not an unborn person or animal.

25
Q

THE ACCUSED WAS A PERSON OVER THE AGE OF

DISCRETION

A 
the accused must be aged 10 years or
over. a person aged between 10 and 13 is
incapable of forming intent to commit a
crime and can only be proven guilty if they
are aware that their actions were wrong.
26
Q

THE KILLING WAS UNLAWFUL

A

the accused didn’t have legal justification or reason (not a police officer or army in line of duty, acting in the course of their responsibilties and duties. Nor have reason to act in self defence or duress)

27
Q

THE ACCUSED CAUSED THE VICTIMS DEATH

A

the prosecution must prove the accused actions contirubted significantly and substantially to the victim’s death. The prosecution must prove that there was a direct link between the accused actions andthe death of the victim (causation).
The prosecution must prove causation, that is there was an unbroken link and the death would not have occured when it did if it wasn’t for the actions of the accused.

28
Q

THE ACCUSED WAS A PERSON OF SOUND MIND

A

the accused was capable of
understanding that their actions
were wrong, therefore forming the
intention to commit a crime.

This means that the prosecution must establish that at the time of the offending, the accused was capable of understanding that their actions were erroneous and therefore able in forming the mensrea to commit a crime. There wasnt have been no statement of say a any form of dignoses of mental impairment/health issues.

29
Q

THERE WAS MALICE AFORETHOUGHT

A

must be proven that the accused
acted with the intention to kill or
cause serious injury to the victim.
the prosecution showing that the accused acted with intent to kill or cause serious injury to the victim.
involes the idea of premeditaiton, delibreatlyness

30
Q

DEFENCES TO MURDER

A
  • SELF DEFENCE
  • MENTAL IMPAIRMENT
  • DURESS
  • SUDDEN OR EXTRAORDINARYEMERGENCY
  • AUTOMATISM
  • INTOXICATION
  • ACCIDENT
31
Q

self defence

A

the accused must believe their
actions were necessary to protect
themselves or another person

32
Q

DURESS

A

a threat to inflict death or
significant injury eg. if you don’t kill this
person, I will kill your family

33
Q

SUDDEN OR EXTRAORDINARY EMERGENCY

A

if there is a house flood and
only one person can fit on the
roof, you may push someone off
to save yourself.

34
Q

AUTOMATISM

A

The critical issue is the absence of the accused’s will, not the absence of the accused’s consciousness or knowledge. eg sleepwalking.

35
Q

intoxication

A

not alcohol, includes drug overdose, prescribed medicarion casuing you to do somehting out of your cotnrol qutie psoibily

36
Q

THE ROLE OF STATUTE AND COMMON LAW, CRIMINOLYHU

A

COMMON LAW: To be convicted of common law murder, a person must have the intention to kill the victim or to
inflict really serious injury

STATUTE LAW: the role of the 1958 Crime Act is to reflect the possible punishments for murder if convicted

37
Q

CULPABLE DRIVING

A

driving that leads to death eg. driving under the influence,

reckless driving and caused driving

38
Q

Elements of culpable driving

A
  • THE ACCUSED WAS THE DRIVER OF A MOTOR VEHICLE

- THE ACCUSED CULPABLY CAUSED A PERSON’S DEATH WHILE DRIVING THE MOTOR VEHICLE

39
Q

THE ACCUSED WAS THE DRIVER OF A MOTOR VEHICLE

A

Any person who by the culpable driving of
a motor vehicle causes the death of
another person shall be guilty of an
indictable offence and shall be liable to
level 3 imprisonment (20 years
maximum) or a level 3 fine or both.

40
Q

THE ACCUSED CULPABLY CAUSED A PERSON’S DEATH WHILE DRIVING THE MOTOR VEHICLE

A 
by, driving recklessly, negligently
and while under the influence of
drugs or alcohol.
recklessly: the act of driving a
motor vehicle in a dangerous
manner
negligently: the person did not
drive with the care and attention
that a reasonable driver would
under the influence: the offense of
driving, operating, or being in
control of a vehicle while impaired
by alcohol or drugs, to a level that
renders the driver incapable of
operating a motor vehicle safely
41
Q

general defences to culpable driving

A 
- THE ELEMENTS WEREN'T PRESENT
The defendant may argue that
one of the elements was not
present e.g. the were not driving;
they were not driving culpably but
that the death was caused by the
driving conditions or mechanical
failure
- DURESS
a threat to inflict death or
significant injury eg. if you kill this
person, I will kill your family
- SUDDEN OR EXTRAORDINARY
EMERGENCY
eg. if your house was on fire but
you have to drive with the chance
that you could be over the BAC
limit, it is considered as a defence
- AUTOMATISM
the performance of actions
without conscious thought or
intention

legal studies (3 decks)

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