Criminal Law Key words and Concepts Flashcards
Define Crime + Example
A crime is an act or omission that violates an existing law, causes ham to an individual or society and is punishable by law.
Define Actus Reus
Is the guilty act -> the act of knowingly pushing someone off a cliff
Define Mens Rea
Is a guilty mind
-> knowingly smuggling drugs
-> Intentionally stabbing someone
Define Strict Liability Offence + Example
Is a crime where intent ( mens rea) is not required; simply committing the offence ( actus reus ) is enough to establish guilt. Ex: Speeding - a driver is liable even if unaware they exceed the limit.
Purpose Of Criminal Law
- Protect Individuals: physical, psychological & economic harm ( assault, threatening behaviour and wage theft )
- Protect Society: Defining unacceptable behaviour & outlining sanctions to discourage people from illegal conduct ( criminalising drug use & imprisoning people who traffic drugs )
- Protect Property: ( e.g. theft of personal property & destruction of environment )
- Protect Justice Providing proper processes to enforce law and punish offenders ( Offender, upholding the rule of law & preventing victims from taking justice into their own hand )
Presumption Of Innocence
Def: Refers to the right of al accused persons to be considered & treated as innocent until the charge has been proven by the prosecution beyond reasonable doubt.
Examples:
- Standard of proof is very high
- The accused is not punished until there is proven guilty
- Jury does not find out about the accused’s past crimes
Burden Of Proof ( Civil Law )
What is it: The responsibility to prove the facts of the case rests on the plaintiff as they bring the case to court
Who has it: The Plaintiff
Standard Of Proof ( Criminal Law )
What is it: The degree to which the facts of the case must be proven is on the balance of probabilities means that it is more likely than not alleged wrong doing occurred
What does BRD mean: Beyond Reasonable Doubt -> highest standard of proof in criminal law. no reasonable doubt - prosecution must prove the defendant is guilt
Types Of Crime
Example:
1 - Crime against the person ~ harm to individual ( ex; murder - assault - manslaughter )
2- Crime against Property ~ damage or threat of property ( ex; burglary - arson )
3- Crime against legal system & state ~ offence that disrupts the functioning of justice or government ( ex; perjury - treason - contempt of court )
Summery Offence & Legistaltion & Process & Ex
Def: A minor or less severe criminal offence
Ex: - Drink driving - Disorderly conduct - Minor assault ( slapping )
Legislation: Summary Offence Act 1966 ( Vic )
Process: Hearings is conducted in the Magistrates court ( no jury )
Resolved w/ out a hearing e.g infringement notice to pay for fines for speeding
Outcome: Sanction/ penalty ~ Mag court can impose fines order & Impronment e.g 2 years for single/ 5 for multi
Indictable Offence
Def: Serious or more severe criminal offence
Ex: ~ murder ~ rape ~ culpable driving causing death
Legislation: Crimes Act 1958 are for indictable offences
Process: - Committal proceeding are conducted in the Magistrates court to determine sanction
- Trial is conducted in county or supreme court before judge or jury
Outcome: Sanction/ penalty
- more severe than those imposed for summary offences
- longer term of imprisonment & fines larger
Indictable Offences Heard Summarily
Def: Less serious indictable offences
Ex: Theft - valued less than $ 100,000
Legislation: Criminal Procedures Act 2009 ( vic )
Process: committal proceedings - requirements~ - Maximum punishment for the offence does not exceed 10 years imprisonment
- Magistrates determines ur is appropriate & the accused contents
Outcome: Sanction / penalty
- impose fines - community correction oder & impronment
- e,g 2 years improvement for single offence 5 years for multiple offences
Identify three way in which a person can be a principal offender and provider an example of each:
1- The person who physically commits the crime~ person who robs a banks by entering w/ a person/ weapon & taking money
2 - Person who aids, abets, counsels or organizes the crime ~ provides inside information & one physically attacks while the other stands guard
3 - A person who enters the common purpose to commit a crime ~ If two people agree to assault someone while one suts guard both ca be a principal offender
What are two requirements of an Accessory ?
- Knows or believes that a person has committed a serious indictable offence
- Acts to prevent the arrest, prosecution, conviction, or punishment of that person
Provide an example of someone acting as an accessory
Someone that destroys evidence - bribes or indimates jury
Elements of murder
Unlawful killing — No legal justification (e.g., not self-defence).
Victim was human — Must be a living person at time of killing.
Accused over 10 years — Age of discretion applies.
Causation — Accused’s actions caused the death.
Malice aforethought — Intent to kill, cause serious harm, or act recklessly.
Voluntary act — Action must be conscious and deliberate.
Doli Incapax
Refers to the principle that a child between the ages of 10-13 is unable to have criminal intent unless proven otherwise. By either prosecution or specialities.
