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Legal studies > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Crime

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 decisions made by judges about issues that arise in courts

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3
Q

Statute Law

A

refers to laws passed by parliament (permanent)

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4
Q

Age of criminal Liability

A
  • 10> cannot be charged with a crime
  • 10 - 14 doli incapax (incapable of forming criminal intent) applies unless prosecution can prove intent.
  • 14< can be charged with a crime
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5
Q

Summary offences

A

Less serious offences, found in the Summary Offences Act 1966
(Vic), heard in the Magistrates court e.g. unlicensed driving

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6
Q

Indictable offences

A

serious offences, found in the Crimes Act 1958 (Vic) under section 72, heard in the County Court of Supreme Court - Trial Division e.g. theft

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7
Q

Victim

A

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

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8
Q

Accused

A

a person who the police formally accuse of a specific crime and must stand trial in a court of law to determine whether they are guilty or not guilty

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9
Q

Suspect

A

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

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10
Q

Witness

A

a person who has seen or heard information relevant to an alleged crime

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11
Q

Offender

A

a person who has broken the law and is proven guilty after a verdict

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12
Q

Actus Reus

A

a wrongful act.
the physical performance of the criminal act (taken or omitted) by a person

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13
Q

Mens Rea

A

a guilty mind.
a person’s awareness of the fact that their conduct is criminal

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14
Q

Principal offender

A

someone who commits, aids, abets, counsels or organises a crime.

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15
Q

Accessory

A

someone who knowingly impedes the apprehension, prosecution, conviction or punishment of the principal offender. An accessory assists the principal offender after the criminal act.

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16
Q

Committal Hearings

A

determines whether there is enough evidence against a person who has been charged with an indictable offence for the matter to proceed to trial, and for a conviction to be handed down.0

17
Q

Role of the court

A
  • Interpret and apply the law
  • Determine the verdict
  • Impose a suitable penalty for those who have broken the law
18
Q

Beyond reasonable doubt

A

there needs to be no other alternative or any doubt in the mind of the jury that the accused committed the offences with which they are charged.

19
Q

Statutory Interpretation

A

the process used by judges and magistrates in court to interpret and apply the legislation.

20
Q

Homicide

A

when an alleged criminal act has resulted in the death of a human being

21
Q

Murder

A

when a person intentionally or recklessly kills another.

22
Q

Elements of murder

A
  1. Accused = person
  2. Victim = person
  3. Accused = above age of discretion
  4. Unlawful
  5. Accused = sound mind
  6. Causation
  7. Intention
23
Q

Malice aforethought

A

intention to kill

24
Q

Manslaughter

A

the unlawful killing of another without malice aforthought

25
Q

Defences to murder

A
  • Self defence (reasonable response and necessary belief)
  • Mental impairment (did not know the nature of the conduct or it was wrong)
26
Q

Criminal sanctions

A

penalties or a criminal offence or other means of enforcement used to provide incentives for obedience with the law, or with legal rules and regulations e.g. fines, imprisonment, community corrections orders

27
Q

criminal sanction objectives

A
  1. just punishment
  2. deterrence
  3. denunciation
  4. rehab
  5. protection
28
Q

deterrence

A

general: deter others
specific: discourage offender

29
Q

denounce

A

show the offender that society believes their conduct was inappropriate

30
Q

rehab

A

break cycle of re offending e.g. edu programs

31
Q

aggravating factors

A

increase the seriousness of the offence or the offender’s culpability

32
Q

mitigating factors

A

reduce the seriousness of the offence or the offender’s culpability

33
Q

Theft

A

A person steals if they dishonestly appropriates the property belonging to another with the intention of permanently depriving the other of it.

34
Q

Defences to Theft

A
  • Lack of elements
  • Mental impairment
  • Duress
  • Emergency

Legal studies (4 decks)

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