Criminal Law Flashcards
Crime
Criminal offence committed against the state that inflicts harm on another individual and/or society.
Common Law
refers to decisions made by judges about issues that arise in courts
Statute Law
refers to laws passed by parliament (permanent)
Age of criminal Liability
- 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
Summary offences
Less serious offences, found in the Summary Offences Act 1966
(Vic), heard in the Magistrates court e.g. unlicensed driving
Indictable offences
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
Victim
a person who has suffered a loss due to the actions of omissions of another
Accused
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
Suspect
a person who is thought to have committed a crime and is being investigated
Witness
a person who has seen or heard information relevant to an alleged crime
Offender
a person who has broken the law and is proven guilty after a verdict
Actus Reus
a wrongful act.
the physical performance of the criminal act (taken or omitted) by a person
Mens Rea
a guilty mind.
a person’s awareness of the fact that their conduct is criminal
Principal offender
someone who commits, aids, abets, counsels or organises a crime.
Accessory
someone who knowingly impedes the apprehension, prosecution, conviction or punishment of the principal offender. An accessory assists the principal offender after the criminal act.
Committal Hearings
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
Role of the court
- Interpret and apply the law
- Determine the verdict
- Impose a suitable penalty for those who have broken the law
Beyond reasonable doubt
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.
Statutory Interpretation
the process used by judges and magistrates in court to interpret and apply the legislation.
Homicide
when an alleged criminal act has resulted in the death of a human being
Murder
when a person intentionally or recklessly kills another.
Elements of murder
- Accused = person
- Victim = person
- Accused = above age of discretion
- Unlawful
- Accused = sound mind
- Causation
- Intention
Malice aforethought
intention to kill
Manslaughter
the unlawful killing of another without malice aforthought
