CRIMINAL LAW Flashcards
Purpose of criminal law
The purpose of criminal law is to deal with offences against the state and aims to punish the criminal.
what is criminal law
Criminal law is a set of laws that aims to protect people and society as a whole, from actions that are harmufl
elements of a crime
A guiilty act - the law is broken
A guilty mind: The person accused of the crime knew what they did was wrong in breaking the law
Elements of a crime in old time
actus reus
mens rea
Types of crime
Summary offences- Minor crimes that are heard by a majistrate eg Minor theft or traffic offences
INdictable offences are more serious crimes that are murder or murder related offences that are trialed by a judge or a jury, eg MRUDER OR ARSON
wHat Is the current age of responsility in australia
10, In australia childern under the age of 10 cannot be held responsible for comitting a crime. For children from 10-14 years of age, it must be proved the child was capable of a guilty mind.
whAT Is a jurisdiction
When each courth within the court heircahy has the authority to hear cases depedning on the seriousness of the case
Juris diction can be seperated in to?
Origianl- when a metter comes to court for the first time
appellate- when the higher court has the power to hear appeals that have been previously tried in the lower court.
Briefly outline the civil jurisdiction of the following courts:
Magistrates, County and Supreme Courts
Magistrates court- Summary offences, childrens cases, less serious indictable offences
County court- all indictable offences except murder and murder related cases, civil disputes
Supreme- Serious indicitable offences, murder and murder related cases
identify 4 possible outcomes if a person is cahrged
they will either be arrested and taken to court, or be given a notice requiring them to attend court at a future date
