Criminal Law Flashcards
5 characteristics of an effective law
Known, enforced, clear and understandable, reflects society’s values, stable
Actus Reus
a wrongful act - murder, assault, theft
mens rea
a guilty mind - intentional, reckless, should have foreseen harm would occur.
strict liability offences
less serious offences that only require the actus reus to be proven - speeding
Principle offenders - commits the crime
What factors determine this? …
Aid - assist
Abet - encourage
Counsel- give advice
Organise
Accessory - knowingly impedes …
Apprehension- arrest
prosecution
conviction
punishment
Role of the court
interpret and apply the law
determine the verdict
impose a suitable penalty
burden of proof
lies on the protection to prove guilt of the accused.
standard of proof
beyond reasonable doubt
elements of murder (7)
1) the accused must be a person
2) the victim must be a person
3) the accused must be above age of discretion
4) the killing must have been unlawful
5) the accused must’ve been of sound mind
6) the accused must have acts reus
7) the accused must’ve possessed malice aforethought - mens yea
manslaughter
the unlawful killing of another without malice aforethought- intention mens rea
defences to murder
Self Defence, mental impairment, evidentiary burden
Criminal sanctions examples
fine, community corrections order, imprisonment, parole
objectives of criminal sanctions
just punishment
deterrence
denunciation
rehabilitation
protection
