Criminal Law

Question 1

Crime

Answer 1

an offence committed against the state that inflicts harm against another individual and/or society

Question 2

Aim of criminal law

Answer 2

protect society from harm

Question 3

Principal offender

Answer 3

Anyone who commits the crime
or intentionally directs, encourages or assists another to do the crime
or makes an agreement about how to commit the crime.

C+IDEAA

Question 4

Accessory

Answer 4

Anyone who knowing a person committed a crime acts to prevent that person’s conviction, arrest, prosecution or punishment

CAPP

Question 5

Age of criminal liability

Answer 5

10

Question 6

Doctrine of Doli Incapax

Answer 6

Individuals aged between 10 and 14 are protected under this doctrine. meaning the child is presumed incapable to forming criminal intent

Question 7

Offences

Answer 7

Summary- heard in Magistrates (offensive behaviour)
Indictable- heard in county or supreme TD (murder)
Indictable heard summarily- heard in Magistrates court , saves time and money (theft under 100k)

Question 8

elements of an offence

Answer 8

Actus Reu- physical guilty act
Mens Rea- guilty mind

Question 9

Strict Liability Offences

Answer 9

only the actus reus needs to be proved 9e.g. speeding)

Question 10

Bail

Answer 10

accused is released from custody into the community, usually with certain conditions (unable to leave the country) until their court date.

Question 11

Remand

Answer 11

accused is held in custody until their court date as they are seen as a danger to society or could flee

Question 12

Burden of proof- criminal

Answer 12

the responsibility to prove the guilt of the accused

Lies with the prosecution

Question 13

Standard of Proof

Answer 13

Degree/extent to which the guilt must be established

beyond reasonable doubt- only logical explanation

Question 14

Purpose of Committal Hearings

Answer 14

determine whether there is enough evidence against the accused for the matter to proceed to trial

filter out the weak cases

occurs in the Magistrates court

Question 15

Elements of Murder

Answer 15

1. victim was a human being
2. accused was over the age of discretion
3. killing = unlawful
4. accused was of sound mind ( aware actions were wrong , knew the consequences)
5. causation- direct relationship
6. Malice aforethought
   (1. intended to kill
7. intended to inflict bodily harm
   3.acted with reckless indifference - knew there was a risk of death/injury and ignored it)

Question 16

Defences to Murder

Answer 16

1. self defence
   -the accused had a necessary belief that their life or that of another was in danger
   -their response was reasonable (proportionate)
2. Mental Impairment
   - didn’t know the nature and quality of the conduct
   -didn’t know the conduct was wrong

Question 17

Manslaughter

Answer 17

the unlawful killing of another without malice aforethought

But they acted recklessly and their action was objectively dangerous so any reasonable person could have foreseen death or harm

Question 18

Theft

Answer 18

a person steals if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it

Question 19

elements of theft

Answer 19

1. dishonest- a person acts honestly when:
   - they are authorised by the owner to take the property
   -would have the owners consent
   - the owner cannot be found after taking reasonable steps
2. appropriation of property belonging to another
3. intention to permanently deprive

Question 20

Defences to theft

Answer 20

1. Mental impairment
2. duress: the person had reasonable belief that..
   - a threat of harm exists
   -the threat would be carried out unless the offence was committed
   - committing the offence was the only reasonable way to avoid the harm
3. Sudden or Extraordinary emergency:
   - the action was tthe only reasonable way of dealing with the situation
   -actions were a reasonable response

Question 21

Criminal Sanctions

Answer 21

-fine: monetary penalty
-community corrections order: non custodial sanction
-imprisonment

Question 22

Objectives of Sanctions

Answer 22

• just punishment
  -deterrence
  -denunciation
  -rehabilitation
  -protection of society

Question 23

Sentencing Factors

Answer 23

Aggravating- increase the seriousness of the offence (use of weapons, prior history of offending)
Mitigating- decrease the seriousness of the offence (showing remorse, entering an early guilt plea)