Criminal Law Flashcards
What does criminal law cover?
Criminal law covers all crimes big or small. For example it could cover violence against a person; theft or property damage or even illegal parking.
How can criminal offences be divided up?
Offences are usually divided up into summary offences and indictable offences.
What are summary offences and how are they dealt with?
Summary offences are the less serious offences. These cases can be decided by a magistrate in a local court.
What are indictable offences and how are they dealt with?
Indictable offences are the more serious crimes. These are decided by a judge and/or jury in either the District or Supreme Courts
What is the term for a court making the decision a person has committed an act of crime?
Actus resus
What is the term for a court deciding that a person has committed a crime and intended to commit an act, knowing it was wrong?
Mens rea
What does a criminal trail always involve if it is a summary offence?
They will always involve the ‘Crown’ or government, bringing the case to court to be decided.
What does ‘prosecuting’ the case mean?
Prosecuting a case means involving the crown and therefore taking it to court.
What can the accused plea in a case and what does this result in?
An accused can either plea guilty or not guilty. If accuse pleas guilty they are convicted of the criminal offence and a penalty will be imposed by the government.
What does there need to be for a person or organisation be convicted?
The magistrate and jury (if present) needs to be satisfied the prosecutor has proved ‘beyond reasonable doubt’ the person has committed the crime.
Once beyond reasonable doubt announced, what does the prosecutor bear?
The ‘burden of proof’
