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Legal Studies Y10 > Criminal Law > Flashcards

Criminal Law Flashcards

1
Q

Crime (and what constitutes a crime)

A

An act or omission that violates an existing law, causes harm to an individual, or society as a whole + punishable by law.

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2
Q

Definition of Criminal law

A

area of law that aims to protect society from harm by defining prohibited behaviors + outlining sanctions for those who participate in illegal conduct.

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3
Q

Purposes of criminal law (4)

A
  1. Set minimum standards for behavior
  2. Protection of society
  3. Deterrence of crime
  4. Protect justice and the rule of law
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4
Q

Classification of crimes - (Crime against property)

A

-criminal acts that employ force or deceit to acquire, damage, or demolish property.
may involve money, personal property or land.

ex: arson, theft, vandalism

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5
Q

Classification of crimes - (Crime against the person)

A

-acts that either cause harm to another individual or pose a threat of harm to them

  • ex; murder, assault, robbery and kidnapping
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6
Q

Classification of crimes - (Cybercrime)

A

-crimes aimed at computer systems such as introduce viruses + those involving computer networks eg. email scams or internet-based fraud.

-(overlaps with many other classifications)

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7
Q

Classification of crimes - (White-collar crime)

A

-refers to non-violent crimes that are driven by financial motives.

-ex; fraud, pyramid schemes, embezzlement.

  • ‘white collar’ = office job ppl
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8
Q

Classification of crimes - (Hate crime)

A
  • acts of violence that stem from prejudice against a person’s gender, disability, ethnicity, religion or sexual orientation (protected characteristics)

-statutes that aim to protect this include ; the Sex Discrimination Act 1984 (Cth) and the Equal Opportunity Act 2020 (Vic)

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9
Q

Classification of crimes - (Organised crime)

A

-criminal activity that is carried out in a systematic and premediated manner by organised groups.

-often include money laundering and drug trafficking under the GUISE of a LEGITIMATE business.

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10
Q

Categories of crimes - (Summary offences)

A

-Legislation; Summary Offences Act 1966 (Vic) and Road Safety Act 1986 (Vic)

-less serious in nature, heard via hearings in Mg’s Court, X committal proceedings, X jury, sanctions = fines

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11
Q

Categories of crimes - (Indictable offences)

A

-Legislation; Victorian Crimes Act 1958 (Vic) and other acts and Common Law
-more serious in nature, heard via trials in County + Supreme Court, ✓ committal proceedings, ✓ jury of 12, sanctions usually community correction orders/imprisonment

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12
Q

Parties in criminal law - ACCUSED

A

Individual/s who are accused of allegedly committing the crime. one or multiple accused individuals.

-Once found guilty or plead guilty = offenders.

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13
Q

Parties in criminal law - PROSECUTION

A
  • responsible for bringing criminal offenders to justice.
  • instigate and present the criminal case in court before a Magistrate or Judge (and jury) with the aim of proving that the accused is guilty to receive a sanction.
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14
Q

Presumption of innocence

A

a right for all accused person to be presumed innocent until they are proven guilty BEYOND A REASONABLE DOUBT or, the ACCUSED PLEADS GUILTY

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14
Q

Ways the presumption of innocence is upheld (Police)

A

Reasonable belief: Police must have reasonable belief person has committed a crime BEFORE arrests are made.

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15
Q

Ways the presumption of innocence is upheld (Bail)

A

Bail allows the accused to remain relatively free while their trial proceeds. X bail=they punished in remand for offence X proven, whereas bail ensures X unruly punished before conviction.

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16
Q

Ways the presumption of innocence is upheld (Jury control)

A

Prior convictions X revealed to jury
ensures jury X form prejudice against the accused + only convict the accused based upon the evidence presented

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17
Q

Ways the presumption of innocence is upheld (Committal proceedings)

A

Hearings that occur before the Magistrate to determine whether the prosecution has sufficient evidence to proceed to trial/ prosecution X sufficient evidence to proceed to trial-> case X proceed->accused is discharged.

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18
Q

Burden of proof

A

the responsibility or onus of a party to prove the facts of a case

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19
Q

Standard of proof

A

refers to the the extent to which the case must be proven.

relies on the strength of the evidence presented in court to prove the accused of guilt

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20
Q

Beyond a reasonable doubt?

A

This means that the judge or jury must be convinced that there is no other logical, reasonable or alternative explanation other than the accused committing the crime.

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21
Q

Right to silence - Definition and legislation

A

Refers to an entitlement where accused X have to say or do anything when bein charged with offence. helps accused avoid SELF-INCRIMINATION.

Legislation; The Evidence Act 2008 - negative inferences cannot be drawn should an accused refuse to answer questions

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22
Q

Right to silence - How it is guaranteed

A

Before trial: The accused can refuse to answer any questions

During trial:
-Accused X forced to give evidence
-Accused X have to file a defence or call a particular witness
-Under the Jury Direction

Act 2015 (Vic), the accused’s lawyer can request the judge to direct the jury to be aware that failure to provide evidence can not be used as a sign of guilt

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23
Q

Right to silence - Why it is important

A

-Reinforces burden of proof
-avoid self incriminating
-reduce the power imbalance between the prosecution and the accused.

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24
Right to trial without delay - Definition and legislation
accused = entitled to guarantee they will be tried w/out unreasonable delay (Sections 21 and 25) Legislation; The Charter of Human Rights and Responsibilities Act 2006 (Vic)
25
Right to trial without delay - Why it is important
-Witnesses' memories may fade (loss of evidence) -Stress on accused, victims and THEIR FAMILIES --> increase in anxiety for all parties -Cases with media attention may cause public forming opinions prior to trial. -Increase in legal costs for the accused
26
Right to trial by jury - Definition and legislation
plead NOT guilty to an INDICTABLE offence, guilt determined by jury rather than solely a judge. Legislation (VIC); - The Juries Act 2000 (Vic) - requires there to be a jury of 12 -The Criminal Procedures Act 2009 (Vic) contains provisions for jury emapanelment and jury directions Commonwealth legislation; Section 80 of the Australian Constitution = charged with an indictable Cth offence = entitled to jury
27
Right to trial by jury - Why it is important
-impartial and unbiased decision maker -lawyers avoid legal jargon when presenting evidence. -A unanimous verdict is required, (beyond a reasonable doubt) preventing miscarriage of justice.
28
When is someone a principal offender?
physically carries out the offence +/or is directly involved in the enactment of the crime. actions occur BEFORE and DURING offence Direct involvement; -intentionally assist -intentionally direct another person -make an agreement with another person to commit a crime together -make an agreement with another person to commit a crime together knowing it is highly likely that another crime may be the result
29
Can a principal offender get the maximum penalty?
Yes
30
When is someone an accessory to a crime?
A person whose action/s help the principal offender commit a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished. 1. must believe or know 2. acted in a way
31
Can an accessory get the maximum penalty?
No, the maximum penalty differs depending on the principal offence and is lower than that given to the principal offender.
32
Elements of a crime
Two elements must be proven beyond a reasonable doubt for an accused person to be guilty of a crime. -Actus reus (wrongful act) -Mens rea (guilty mind)
33
Actus reus
refers to the physical element of a crime and refers to the wrongful acts or omissions the offender must have undertaken as part of a crime.
34
Mens rea
refers to the mental element of a crime, it is the guilty mind or, the offender's awareness of their criminal behavior and its potential consequences. (intention or at least reckless or neligent state of mind when completing)
35
Strict liability crimes
offence X require the mens rea element of the crime to be satisfied to find the accused guilty. enough for person to commit actus reus, to be found guilty n punished.
36
Reasons for strict liability crimes (linked to purposes of criminal law)
protect society from types of crimes when offender's intent, recklessness or negligence X matter bc act=dangerous + must be discouraged -> reducing the harm posed addressed as a fine more deterred + punished bc mens rea X have to be proven
37
Murder
The unlawful and intentional killing of a human being by a person who acted voluntarily.
38
Murder Element #1 - The victim must be a living person, not an object, animal or unborn child.
-An unborn child is not accepted in Victoria. -A child is treated as a human being when he or she is fully born in a living state.
39
Murder Element #3 - The accused must be over the age of discretion
-The age at which they can form criminal intent or understanding of the wrongfulness of their actions. vic age of discretion = 10 YEARS OLD AND ABOVE ----> over 10 = may be charged with murder.
40
Murder Element #2 - The victim died.
'Death is defined to mean; - The irreversible cessation of circulation of blood in the body, or the irreversible cessation of all function of the brain - (Human Tissue Act 1982 (Vic) ^^
41
Murder Element #4 - Voluntary act (actus reus)
The accused must have had conscious and deliberate control of their bodily movements when committing the acts that killed the victim. For example involuntarily: -Sleepwalking -Muscle spasms -Unintentionally falling over -drugged/involuntarily and grossly intoxicated.
42
Murder Element #5 - Causation
Causation (proving liability for death): Accused’s actions must contribute directly and substantially to victim’s death. Direct, unbroken causal link between accused’s actions and death. "But for" cause test (murder cases): But for the accused’s actions, the victim would still be alive. Natural consequence test: If accused causes victim to reasonably fear physical harm, leading the victim to escape and get injured, the injury is caused by the accused.
43
sanctions
penalty imposed by a court of or authorised legal body on a person found guilty of a criminal offence
44
3 major types of sanctions
fines community correction orders imprisonment
45
fine
momentary penalty that is paid by the offender to the state(not to the victim) (non custodial)
46
community correction orders(CCO)
order by court that allowed the offendr to remain within the community *with certain conditions attatched-eg rehab or comm service* (non custodial)
47
cco mandatort conditions(applies to all offenders)
-not reoffend during duration of CCO -not leave vic w/out permission -notify CCO supervisor if change in address -comply w directions of CCO
48
option CCO conditions (specific offenders)
-complete unpaid community word (X exceeding 600 hrs) -curfew -rehab programs for drugs or alc addicition -ankle monitoring -X alc or attend liscenced venues inc bars+ night club -avoid contact w a particular person or place
49
imprisonment (custodial)
a sanction that removes an offender from the community and places them in prison for a given period of time
50
purposes for sanctions
deterrence, rehab, denunciation, protection, punishment (DR DPP)
51
punishment
penalising the offender and holding them accountable ensures retribution for victims+fam imprisonment=ultimate form of punishment in aus
52
protection
removing offenders from society long imprisonment sentence bc deemed danger to society
53
denunciation
publicly and formally criticise the offenders criminal behaviour court expresses disapproval can be undertaken by memb of society
54
sentence
order given by the court to impose sanction on those found guilty of an offence
55
sentencing
stage after trial that accused found guilty where a sentencer determines an appropriate sanction for the offence committed
56
standard sentence
sentence that should be imposed for 'middle of the range seriousness' offending before judge takes into account other sentencing factors relevant (standard sentence for murder is 25yrs imprisonment)
57
sentencing factors
mitigating, aggravating, guilty plea, victim impact statement
58
mitigating
factors relevant to offender, victim or crime itself that may decrease offenders CULPABILITY -> decrease severity -> decrease type or harshness eg. rehab,remose,youth, under duress
59
aggravating factors
factors relevant to offender, victim or crime itself that may increase offenders CULPABILITY -> increase severity -> increase type or harshness
60
guilty plea
mitigating offender formally admits guilt
61
victim impact statement VIS
aggravating statement filed by victim contains particulars of injuries,losses or damages

Legal Studies Y10 (3 decks)

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