Criminal Law Flashcards
Crime
an offence committed against the state that inflicts harm against another individual and/or society
Aim of criminal law
protect society from harm
Principal offender
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
Accessory
Anyone who knowing a person committed a crime acts to prevent that person’s conviction, arrest, prosecution or punishment
CAPP
Age of criminal liability
10
Doctrine of Doli Incapax
Individuals aged between 10 and 14 are protected under this doctrine. meaning the child is presumed incapable to forming criminal intent
Offences
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)
elements of an offence
Actus Reu- physical guilty act
Mens Rea- guilty mind
Strict Liability Offences
only the actus reus needs to be proved 9e.g. speeding)
Bail
accused is released from custody into the community, usually with certain conditions (unable to leave the country) until their court date.
Remand
accused is held in custody until their court date as they are seen as a danger to society or could flee
Burden of proof- criminal
the responsibility to prove the guilt of the accused
Lies with the prosecution
Standard of Proof
Degree/extent to which the guilt must be established
beyond reasonable doubt- only logical explanation
Purpose of Committal Hearings
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
Elements of Murder
- victim was a human being
- accused was over the age of discretion
- killing = unlawful
- accused was of sound mind ( aware actions were wrong , knew the consequences)
- causation- direct relationship
- Malice aforethought
(1. intended to kill - intended to inflict bodily harm
3.acted with reckless indifference - knew there was a risk of death/injury and ignored it)
Defences to Murder
- self defence
-the accused had a necessary belief that their life or that of another was in danger
-their response was reasonable (proportionate) - Mental Impairment
- didn’t know the nature and quality of the conduct
-didn’t know the conduct was wrong
Manslaughter
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
Theft
a person steals if they dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it
elements of theft
- 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 - appropriation of property belonging to another
- intention to permanently deprive
Defences to theft
- Mental impairment
- 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 - Sudden or Extraordinary emergency:
- the action was tthe only reasonable way of dealing with the situation
-actions were a reasonable response
Criminal Sanctions
-fine: monetary penalty
-community corrections order: non custodial sanction
-imprisonment
Objectives of Sanctions
- just punishment
-deterrence
-denunciation
-rehabilitation
-protection of society
Sentencing Factors
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)
