CRIMINAL LAW Flashcards
What is a crime?
A crime involves behaviour that is considered by the state to be unacceptable, deserving of prosecution, conviction, and punishment.
What is the purpose of criminal law?
The purpose of criminal law, which is part of public law, is to protect individuals from others doing the wrong thing; to make the community feel safe from harm. If, for example, a person went around killing other people or stealing their property, and was not punished, people would live in fear.
What happens in criminal cases?
- The crime takes place
- The police prosecute
- The courts impose a penalty on the guilty party
What are summary offences?
Summary offences:
Less serious crimes, such as minor assaults, petty theft, vandalism and traffic infringements. They are dealt with relatively quickly and cheaply by a magistrate in a Local Court.
What are indictable offences?
Indictable offences:
serious crimes, such as armed robbery, homicide, child abuse, murder and sexual assault. These offences are heard in the District and Supreme Courts.
Define mens reas.
The guilty mind/mental act (the offenders intention)
The prosecution must, in
order to prove that a person has committed an offence, show that
both mens reas and actus reus were present.
Define actus reus.
The guilty act/physical act (of the offender, e.g. murder).
(which means the prohibited
conduct or the actual committing of the crime).
The prosecution must, in
order to prove that a person has committed an offence, show that
both mens reas and actus reus were present.
What are defences against criminal charges?
Innocence
Self defence
Duress
Accident
Mistake of fact
Automatism
Necessity
Certain factors need to be taken into account when evaluating particular types of criminal behaviour. These factors could include:
Ideas of morality
How harmful the act or omission is
Whether the act is punishable by state
The country and place in which the act occurs
Prevailing community attitudes.
