Definitions Flashcards
Define crime
A wrong against society
What is crime?
A wrong against society
What is victimless crime?
Victimless crime are acts which are illegal, but do not directly harm other people or property. Some examples of victimless crime include; use of drugs and jaywalking.
Define omission
Failures to act
Define crime (3 points)
Society thinks it’s wrong; it interferes with the rights of another person, or society could not function properly unless it was considered wrong and people were punished
Define element
An essential requirement to a cause of action (the right to bring a lawsuit to enforce a particular right). Each cause of action (negligence, breach of contract, trespass, assault, etc.) is made up of a basic set of elements which must be alleged and proved. Each charge of a criminal offense requires allegation and proof of its elements.
What is the point of criminal law?
Criminal law is the ‘rules’ which allows people to feel safe
What are the three (3) body of rules to be a crime?
- Society must think it is wrong
- Interfere with the rights of another person
- Society could not function properly unless it was considered wrong and people who did it were punished
- Needs to be a punishment or a consequence
What is Homicide
Is the unlawful killing of another
It is the most serious offence against another person which includes murder or manslaughter.
The crime will be either murder or manslaughter depending on the circumstances of killing
What are the 3 general types of offences?
- Offences against the person
- Property offences
- Offences against public interest
Define Grievous Bodily Harm
An act which amounts to serious injury.
What are the elements of murder?
- Killed
- Another Person
- Unlawfully
What is stalking?
Repeated conduct such as following, watching, sending messages or visitation that gives rise to the victim fearing for their personal safety
What are the elements of Battery (Type 1)
- The actual application of force by striking, touching, moving, or applying force of any kind to
- The person of another
- Directly or indirectly
- Without consent (or if the consent is obtained by fraud)
What is the maximum penalty for Acts intended to cause GBH (s317QCC)
Life (20 years)