Law Flashcards
Definition of an offence
An act or omission which renders the person doing the act or making the omission liable to punishment is called an offence
Does commonwealth law prevail over any state law
Yes
Separation of powers
Legislative, executive and judiciary
Repeal of legislation
A law that still exist but has become obsolete
Prima facie
Refers to a lawsuit or criminal prosecution in which the evidence before the trial begins appears sufficient to prove the case
Onus of proof
Beyond a reasonable doubt
Prooving each and every element of a charge is beyond a reasonable
Exceptions to the general law rule
The defence of insanity
Any statutory exceptions such as immiture age
Criminal responsibility and defences
Actus reus- an act or an act done
Men’s rea- state of mind “guilty mind”
Facts in issue
Facts in issue must be both admissible and relevant to the case
What offences can ao’s issue fines for
Simple offences
Judges rule
Induced, threat or promised
What is an investigation
An investigation is a search for the truth, in the interest of justice and in accordance with the specifications of the law
Principles of investigation
Deliberate
Severe
Repetitive
4 types of evidence
Kind
Amount
Way
Persons
Classification of evidence
Direct,
circumstantial,
best,
secondary, original,
hearsay,
oral,
Documentry
Real
The old faithfuls of an investigation
Who,
What
When
Where
Why
How
The process of an investigation
The iffence has been committed
The identify of the offender
The whereabouts of the offender
Nexus connection between the offender and the offence
What is evidence
It is relevant and admissible
General approach to the interview
Let the suspect tell you what they know before you tell them what you know
Court systems
High court
The supreme court
District court
Magistrates court
What do you call the judge
Your honour
Field interview
Consider the following aspects regarding the situation
