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Yr10 Legal studies > Criminal law > Flashcards

Criminal law Flashcards

1
Q

what is a crime?

A

a crime is a criminal offence committed against the state that inflicts harm on another individual and/or society

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2
Q

common law

A

refers to the decisions made by judges about issues that arise in court. Judges can make law when a matter comes before the court for which there is no existing law.

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3
Q

statute law

A

refers to a law passed by parliment. Statute law is the most common form of law within our society. Statute law takes precedence over common law. Statute law is commonly reffered to as legislation

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4
Q

Age of criminal liability

A

If below 10 cant be charged
10-14 the doctrine of doli incapax applies
14+ can be charged

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5
Q

Summary offences

A

Less serious offences found in “Summary offences act 1966 [VIC], heard in the magistrates court

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6
Q

Indictable offences

A

Serious offences, found in “crimes act 1958 [ VIC]” under section 72, heard in the county court or the supreme court-trial division

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7
Q

stakeholders in a criminal situation

A

victim, accused, suspect, witness

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8
Q

victim

A

a person who has suffered a loss due to actions or omissions of another

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9
Q

Accused

A

a person who is charged with a crime and must stand trial in a court to determine whether they are guilty or not

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10
Q

suspect

A

a person who is thought to have committed a crime and is being investigated

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11
Q

witness

A

a person who has seen or heard information relevant to a alledged crime

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12
Q

offender

A

a person who has broken the law

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13
Q

Actus Reus

A

wrongful act

actus reus refers to the physical performance of the criminal act that is the action taken or omitted by a person

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14
Q

Mens Rea

A

a guilty mind

refers to a person’s awarness of the fact that their conduct is criminal: this is criminal intent

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15
Q

Bail

A

most people who are charged with an indictable offence will receive bail [ release from custody]

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16
Q

remand

A

if the accused is likely to be in danger to society or could flee the country before they are due in court, the accused will be held on remand

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17
Q

presumption of innocence

A

anyone who has been charged with a crime is innocent until proven guilty

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18
Q

purpose of commital hearings

A

to determine If there is enough evidence against a person who has been charged with an indictable offence for the matter to proceed in trial

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19
Q

Role of the courts

A

interpret and apply the law, determine the verdict [guilty or not guilty], impose a suitable penalty for those who have broken the law.

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20
Q

burden of proof

A

in criminal cases, the prosecution has the burden of proving the guilt of the accused.

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21
Q

standard of proof

A

in order to establish the guilt of the accused, the standard to which the prosecution must establish that the accused is guilty beyond reasonable doubt.

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22
Q

prosecution

A

the party which presents and argues the case on behalf of the crown and against people accused of serious crimes. A crown prosecutor is an experienced criminal barrister representing the crown.

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23
Q

defence

A

party which presents and argues the case on behalf of the accused. Legal counsel for the accused[defence barrister] puts forward a defencer or defense to the crimes in which the accused has been charged

24
Q

role of the court

A

interpret and apply the law, determine the verdict [guilty or not guilty], impose a suitable penalty for those who have broken the law

25
Q

burden of proof

A

in criminal cases, the prosecution has the burden of proving the guilt of the accused

26
Q

standard of proof

A

in order to establish the guilt of the accused, the standard to which the prosecution must establish that the accused is guilty beyond reasonable doubt

27
Q

prosecution

A

the party that presents and argues the case on behalf of the crown against people accused of serious crimes. A crown prosecutor is an experienced criminal barrister representing the crown

28
Q

defence

A

party which presents and argues on behalf of the accused. Legal counsel for the accused [defence barrister] puts forward a defence to the crimes which the accused has been charged

29
Q

role of the jury

A

the role of the jury in both criminal and civil trials is to determine questions of fact and to apply to law, as stated by the jury by the judge, to make those facts reach a verdict

30
Q

catagories for potential jurors

A

ineligible, disqualified, excused, eligible

31
Q

strengths of the jury

A

allows for transparency of the legal system, the community can be educated on legal system, decisions made by jury are less likely to be appealed

32
Q

weaknesses of the jury

A

adds time to the trial process, ordinary citizens don’t have an understanding of the law, can be biased, add costs to the process

33
Q

murder

A

when a person intentionally or recklessly kills another

34
Q

manslaughter

A

the unlawful killing of another without malice afterthought

35
Q

elements of murder

A
  1. the accused must be a person
  2. the victim must be a person
  3. the person must be above the age of discretion
  4. the killing must be unlawful
  5. accused must be sound of mind
  6. the accused must cause the death of the victim
  7. must possess malice afterthought
36
Q
  1. the accused must be a person
A

the killing must be by a person, police can not charge animals or nature with murder

37
Q
  1. the person must be above the age of discretion
A

must be above 10

38
Q
  1. the victim must be a person
A

the killing must be of a person who was alive at the time eg can be charged with murder on animals, a person already dead,a foetus

39
Q
  1. the killing must be unlawful
A

nearly always unlawful, which means the accused does not have the legal right to kill the person

40
Q
  1. accused must be sound of mind
A

must possess soulfulness of mind, cannot be charged if psychiatric, mental illness, hallucinations, PTSD

41
Q
  1. the accused must cause the death of the victim
A

the prosecution must prove that there was a direct relationship between action of accused and death of the victim

42
Q
  1. must possess malice afterthought
A

refers to the intention to kill, for the accused to be convicted it must be proven by the prosecution that the accused possessed malice afterthought

43
Q

self-defence

A

self-defence is a full defence to murder. If a person kills another person in self-defence or in defence of another person they are not guilty of an offence, rather they have just committed justifiable homicide

44
Q

mental impairment

A

if the court is satisfied that at the time of the offence, the accused was so mentally impaired that they did not understand the nature of the act that forms the basis of the charge, the law will not hold them criminally liable.

45
Q

Theft

A

A person steals if he or she dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it

46
Q

3 elements of theft

A

dishonesty, appropriation, intention to permanently deprive

47
Q

elements of theft: dishonesty

A

knowing there is no legal right to take the property:
- doesn’t have legal right/authorised by someone to take the property.
- don’t/wouldn’t have had owner’s consent in the circumstances

48
Q

elements of theft: appropriation

A

took the property without owner’s consent. Includes taking and keeping the item, using, devaluing or trying to sell it or give it away.

49
Q

elements of theft: intention to permanently deprive

A

The accused intends to assume the rights of the owner or not give them back.
Eg. - person receives property by mistake (should be returned) but person keeps it instead.
- person borrows something but then doesn’t return it for a long period of time.

50
Q

Defences to theft (general)

A

It can be argued that:
-the accused never actually took possession of the property
-the property stolen was not actually ‘property’
-the accused did not take the property with the intention of permanently depriving them
-the accused believed they had a legal right to the property.

51
Q

Specific defences to theft:
Mental impairment

A

the accused didn’t know what they were doing was wrong at the time of the offence due to a limited understanding of the nature and quality of their actions

52
Q

Defences to theft:
Duress

A

A person had reasonable belief that:
-a threat of harm existed
-the threat would be carried out if the offence wasn’t committed
-committing the offence was the only reasonable way to avoid the threatened harm
-the persons conduct was a reasonable response to the threat

53
Q

Defences to theft:
Sudden or extraordinary emergency

A

the actions of the accused was the only reasonable way of dealing with the situation

54
Q

Defences to theft:
Intoxication

A

If self induced: Unlikely to be successful defence
If not self induced: Conduct is compared to that of a reasonable person intoxicated to the same level as the accused.

55
Q

Defences to theft:
Automatism

A

If the accused can prove they were:
- sleeping/sleepwalking
- suffering from concussion
- suffering from an epileptic seizure
- suffering a side effect from a mental condition or proper use of medication

Yr10 Legal studies (4 decks)

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