Here Flashcards
Differences between summary offences and indictable offences.
SUMMARY OFFENCES:
* Minor crimes
* Generally heard in the Magistrates’ Court
* The final hearing, at which both parties put their case before the court is known as a hearing
* A magistrate determines whether the person charged with a crime is guilty
INDICTABLE OFFENCES:
* Serious crimes
* Tried in the County Court or Supreme Court
* The final hearing, at which both parties put their case before the court is known as a trial
* When an accused pleads not guilty, a jury determines the verdict i.e. whether or not the accused is guilty beyond reasonable doubt)
Describe the differences between being an accessory to a crime and a principal offender to a crime.
PRINCIPAL OFFENDER:
A person who commits the actus reus (guilty act) and has mens rea (a guilty mind) of an offence.
ACCESSORY:
An accessory is a person who knowingly assists another person who has committed a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished.
How does the criminal law system protect the presumption of innocence?
- The standard of proof is beyond a reasonable doubt.
- The burden of proof is on the prosecution.
- Police must reasonably believe a person has committed a crime before arresting them.
- An accused has the right to legal representation.
- An accused has the right to silence.
- Generally, no previous convictions can be revealed in court until the sentencing.
- A person convicted of a crime has the right to appeal.
Identify the possible impacts of culpable driving causing death and provide examples.
IMPACT ON THE VICTIM AND THEIR FAMILY
- Loss of life
- Disruption to family life
- Funeral costs
IMPACT ON THE COMMUNITY
- Need for coronial services
- Increased need for police, fire and emergency services
- Damage to community property
IMPACT ON THE OFFENDER
- Guilt or shame in causing a death
- Legal costs
- Damage to, replacement or impounding of a vehicle
