Elements to murder and indictable offences Flashcards

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1
Q

Indictable offense

A

serious crimes heard in the County Court and Supreme court. If the accused pleads guilty to a crime, the case would-be put-on trial, and a judge and Jury will hear the matter in court. The jury will the decider of facts. That is the Jury will determine the verdict based on the evidence provided.

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2
Q

The Victorian Crime Statistics Agency

A

(CSA) gathers statistics and reports on the incidents of crime in Victoria.These statistics are collected and may be compared with those in other states and countries so the government can determine the amount of crime in our community, measure the effectiveness
of law enforcement agencies and plan for the best use of resources so our society is as crime-free
as possible.

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3
Q

Effects of indictable offenses

A
  • shatter community trust, make us question our shared values and reduce our enjoyment of a peaceful
  • Victims and their families may feel helpless, angry and anxious for months, or years after a serious crime is committed against them
  • These crimes often affect a victim’s physical and psychological health and their ability to cope at home and at work.
  • some victims never recover from the trauma associated with a serious crime.
  • These last for a lifetime. These consequences have practical effects, too – having a criminal record may limit a person’s ability to work and travel overseas.
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4
Q

Six elements of Murder

A
. the killing was unlawful
• the victim was a human being
• the accused was a person over the age of discretion
• the accused caused the victim’s death
• the accused was a person of sound mind
• there was malice aforethought.
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5
Q

What does the persecution have to prove beyond a reasonable doubt?

A

Six elements of Murder

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6
Q

malice aforethought

A

the intention to kill or cause serious injury to a person. This malicious intention is the mental element (i.e. an intention to inflict harm) necessary for murder

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7
Q

Element 1 – The killing was unlawful

A

The prosecutor must prove that the accused did not have a lawful reason for causing the other person’s death.

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8
Q

Element 2 – The victim was a human being

A

The victim must be a living person who has been born (i.e. not an unborn baby or an animal).

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9
Q

Element 3 – The accused was a person over the age of discretion

A

The accused must be at least 10 years of age. The law presumes that people under the age of 10 are incapable of forming the intent to commit a crime (i.e. doli incapax).

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10
Q

Element 4 – The accused caused the victim’s death

A

Causation means there must be a direct or unbroken causal link between the accused’s actions and the death of the victim. :‘Would the death have occurred, when it did, without the accused’s actions?

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11
Q

Element 5 – The accused was a person of sound mind

A

This is a person who knows right from wrong and understands the nature of what they have done. The law presumes that a person of unsound mind cannot form the intent to commit a crime (men’s rea).

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12
Q

Element 6 – There was malice aforethought

A

the prosecution must prove there was malice aforethought (i.e. an intention to cause serious harm).

• attempted murder – Trying to murder someone or a failed attempt at murder
• conspiracy to murder – Planning with at least one other person to murder someone
• incitement to murder – Encouraging or authorising someone to commit a murder
• manslaughter – The unintentional killing of a person due to a reckless, dangerous act or
negligent behaviour
• infanticide – The killing by a mother of a child under 2 years old while suffering a mental
condition caused by the effects of that child’s birth
• child homicide – The killing of a child under 6 years of age in circumstances that would
normally be manslaughter

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13
Q

Possible defenses to murder

A
self-defence
• mental impairment
• duress
• sudden or extraordinary emergency
• involuntary actions.
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14
Q

Intoxication

A

Under common law, gross intoxication is a way of proving that the accused acted involuntarily or without intent

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15
Q

self-induced intoxication –

A

the court must compare the accused’s belief or actions to those of a reasonable person who is not intoxicated

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16
Q

• not self-induced intoxication

A

The court must compare the accused’s belief or actions to those of a reasonable person intoxicated to the same level as the accused.

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17
Q

Automatism Zombie like state

A

a person has a total loss of control over their bodily movements.• while sleeping or sleepwalking
• while suffering concussion
• during an epileptic seizure
• as a result of a medical condition or because of a side effect of the proper use of medication.

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18
Q

Accident

A

An accused may claim that their actions were accidental and that he or she acted without intention
to commit the crime.

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19
Q

Possible impacts of murder

A

● The most obvious impact of murder is the loss of the victim’s life.
● has a devastating and lasting impact on the victim’s family and friends.
● This trauma may be long-lasting, particularly if the police cannot find the offender or if it takes the legal system several years to bring the offender to court
● They may also be subject to media scrutiny, making their private lives public.
● Murder also impacts on public confidence in the police and the legal system to keep the community safe.
● Murder also impacts on public confidence in the police and the legal system to keep the community safe.

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20
Q

Impacts on the offender

A
Guilt or shame in causing a death
●	Legal costs
●	Custodial sentence
●	lost labour and income in the
●	household
●	 Impact on the family’s social
●	standing, finances and health and
●	well-being
●	 Negative influences as a result of
●	exposure to prison
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21
Q

Criminal law

A

The purpose of the law is to maintain a peaceful society. Through agencies like the courts and the police, criminal law
maintains order. It protects individuals and their property, and safeguards rights.

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22
Q

the presumption of innocence

A

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

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23
Q

Protecting the presumption of innocence:

A

○ The burden of proof is on the prosecution
○ The case against a person must be proven beyond reasonable doubt
○ Most crimes require a person to have acted of their own will
○ Police must reasonably believe a person has committed a crime before they can arrest them
- Jury, an independent group of people chosen at random to decide on the evident in a large case and reach a decision (verdict).

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24
Q
  1. Elements of a crime-
A

The burden of proof means that the onus is on the specific party to prove the facts of the case

the standard of proof is the strength of evidence needed to prove a legal case.

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25
Q

Actus reus

A

actus reus is the physical element of the crime.

26
Q

Mens rea

A

Mens rea refers to the mental element when committing a crime

27
Q

Murder classification

A

murder is a Division A, an indictable offence

28
Q

Principle offender

A

Mandy would be considered a principal offender as she assisted Dominic to steal the items in the warehouse.

29
Q

Mandy would be considered a principal offender as she assisted Dominic to steal the items in the warehouse.

A

In Victoria, a person over the age of 10 can be criminally liable for their actions.
If the accused is between the age of 10 and 13, the prosecution must prove that the child knew, at that time of the crime, that he or her actions were wrong.

30
Q

Summary offense

A

Summary offenses are classified as minor criminal offences generally heard in the Magistrates’ Court.

  • Drink driving
  • Disorderly conduct
  • Minor assault
31
Q
  1. Principal offender
A
  • Principle Offender is a person who carries out the main part of a criminal act. This is a person who has committed the actus reus (act or omission that constitutes a crime) and has mens rea when committing the crime.
32
Q
  1. Accessory to a crime
A
  • An accessory is a person who, without lawful excuse, assists a principal offender following the ommission of a crime.
33
Q
  1. Homicide
A
  • Homicide is the killing of a person by another
34
Q
  1. Murder
A
  • The unlawful premeditated killing of one human being by another.
35
Q

The reverse of the burden of proof

A

This requires the plaintiff to establish that it is more probable (i.e. likely)
than not that his or her side of the story is right. All possibilities

36
Q

The burden of proof means that the onus is on the specific party to prove the facts of the case

A

means that the onus is on the specific party to prove the facts of the case

37
Q

the standard of proof

A

is the strength of evidence needed to prove a legal case.

38
Q

What does Criminal law protect

A

: criminal law is a body of law that aims to protect the community by defining what is considered a crime and outlining penalties

39
Q

Where would a person find the statutory definition and specific elements of most crimes? Use an example to support your answer

A

A person may find the statutory definition and specific elements of most crimes on the Victorian Legal Aid website.
Drug possession: It is against the law to use, possess, cultivate or traffic a drug of dependence.

40
Q

Explain why mens rea is an important consideration in determining whether a crime has been committed.

A

Mens rea determines whether the accused committed a crime with an intent or accidentally.

41
Q

Identify the age/s a person is considered to be criminally liable for their actions

A

In victoria a person over the age of 10 can be criminally liable for their actions.
If the accused is between the age of 10 and 13, the prosecution must prove that the child knew, at that time of the crime, that he or her actions were wrong.

42
Q

Purpose of criminal law

A
  • Protect individuals
  • Protect property
  • Maintain public order and security
  • Protect justice and the rule of law
  • Protect rights and cultures
  • Improve society generally
43
Q

How criminal law achieves its purpose

A

Establishes the law
Enforces the law –
Decides who is guilty
imposes sanctions on offenders

44
Q

Defining a crime

A

A crime is defined as an act or omission that is:
• against an existing law
• harmful to an individual or society
• punishable by law.

45
Q

An act or and Omission

A

In legal terms, a crime can be committed by doing something (i.e. an act), or failing to do something (i.e. an omission). These acts or omissions are both things that society considers to be wrong.

46
Q

Examples of acts that are harmful to society include:

A

Assault
taking illegal drugs
unruly behaviour

47
Q

Reverse of burden of proof

balance of probabilities

A

In some situations the accused has to prove one or more aspects of the case on the balance of probabilities.
• The balance of probabilities is the standard of proof for the accused in a criminal case which requires the accused to establish that it is more probable or likely than not that his or her side of the story is right

48
Q
  1. Classification of Murder.
A
  • Murder will be classified under division A of indictable offense. Division A crimes are conducts against a person.
49
Q

Classification of Home invasion.

A
  • Home invasion will be classified under division b of indictable offence. Division B crimes are conduct against a person
50
Q

Classification of Swearing in public

A
  • Swearing Is not a crime.
51
Q

CSA

A

The Crime Statistics Agency

52
Q

Cyber-crime

A

Cyber-crime involves the offender using computers, the internet or other electronic systems and devices for illegal behaviours such as stealing or harassing.

53
Q

Hate crime

A

a criminal offence motivated by hostility and prejudice towards the victim (e.g. because of their race or religion)

54
Q

White collar. Crime

A

White collar crime is generally described as a crime committed by a person who works in government,
businesses or the corporate world.

55
Q

Strict liability

A

Crimes described as strict liability have no mental element.
• It is enough to commit the act that is against the law and there is no need for the prosecution to prove mens rea.

56
Q

Indictable offences heard summarily

A

These are serious crimes that may be heard summarily (i.e. without a jury).
• These offences are heard in the Magistrates’ Court if the court determines it is appropriate and the accused agrees.
• A magistrate will determine whether or not the person charged with a crime is guilty.

57
Q

Elements of indictable offense

A

All indictable offences consist of specific elements that make up the offence. In general, the prosecutor must prove all elements are present in a case before the accused can be
found guilty. For this reason, the prosecution will charge the accused with crimes that best match the
accused’s behaviour and actions at the time of the offence

58
Q

Remember Elements

A

If one or more of the elements are not made out beyond reasonable doubt, then the accused will not be guilty of the offence

59
Q

Effects of indictable offenses Indictable offences have a devastating impact on our community.

A
  • shatter community trust, make us question our shared values and reduce our enjoyment of a peaceful
  • Victims and their families may feel helpless, angry and anxious for months, or years, after a serious crime is committed against them
  • These crimes often affect a victim’s physical and psychological health and their ability to cope at home and at work.
  • some victims never recover from the trauma associated with a serious crime.
  • These last for a lifetime. These consequences have practical effects, too – having a criminal record may limit a person’s ability to work and travel overseas.
60
Q

A break in the cause

A

If something intervenes to break the causal link between the accused’s actions and the death, then the accused may not be guilty of murder.

61
Q

Define unlawful homicide

A
  • Any person who unlawfully kills another person is guilty of a crime.
62
Q

How can a killing be murder when there is no intention kill?

A
  • When the defence proves that the accused didn’t have the mens reus when the crime was committed the case is now taken as manslaughter.