Law FINAL Flashcards
Transfer of malice
When the guilty mind/ MENS RAE gets transferred from one person/ object to another
Only relates to same offence situations
(e.g. Assault and assault. Porperty damage and property damage)
Larceny ELEMENTS
Elements TTBFWWI
- The accused
- Took and carried away property
- Belonging to another
- Fraudulently
- Without lawful right
- Without consent
- Intent to permanently deprive
Doctrine of recent possession
Allows the court to make the inference that the possessor of the property had
- Knowledge that the property was stolen
- No reasonable explanation
- Near the location of the offence
Goods in custody (Crimes act 1900 s 527)
Goods in custody charges only require the prosecution to show that a reasonable person would suspect they were stolen. Example: buying a TV off someone on the street or buying something with tags still on them. Not necessary to prove goods are actually stolen or the accused knows they are stolen
Receiving (Crimes act 19009 s 188)
Must be proven that the accused knew the goods were stolen at the time they were received. Example: Friend steals a phone from the store and sells it to another friend.
Break and Enter and commit SIO (Crimes Act s112) ELEMENTS
- The Accused TBEDC
- Breaks (constructive or actual)
- Enters (outside to inside)
- Dwelling (house or other building intended for occupation)
- Commits serious indictable offence
Mental health when to section 22 someone?
Apprehend the person and take the person to a declared mental health facility if you believe on reasonable grounds that:
- Committing/ recently committed an offence
- Recently attempted to kill themselves
- Probable that the person will attempt to kill themselves or other persons
- Attempt to cause serious physical harm to themselves or another person
Mental illness vs mental disorder
Mental illness: Diagnosed medical condition (seriously impairs the mental functioning) that requires care/ management to protect from harm
Mental disorder: Temporary irrational behaviour that requires care/ management. May be temporary from a recent traumatic event.
Strict liability
Do not require to prove intent, knowledge or negligence (men’s are) . Need only to prove actus reus
Children in relation to crimes
Dolic Incapax: 10 -14 years old. The child is incapable of committing a crime due to a lack of understanding of the difference between right and wrong. Prefrontal cortex doesn’t stop developing until mid 20’s
Age of criminal responsibility: 10 years old
Indictable offences
Indictable offences (both minor and serious) that may be treated/ health with summarily
TABLE 1: Dealt with in local court unless prosecution or defence elect to have the matter heard in district/ supreme court
- GBH, Robbery, larceny/ damage to property >$5000
TABLE 2: Dealt with in local court unless Proesuction elects to have the matter heard in distrcit/ supreme court
- Unregistered firearm, ABH, larceny/ damage to property <$5000
STRICTLY INDICATBLE: Must be dealt with in District/ Supreme court. Such as murder, kidnapping, mansalughter, dangerous driving occasioning death
Statute of limitations
Maximum time after an event within which legal proceedings may be initiated.
Summary offences: 6 months
Indictable: No limit
Use of force sections
Section 230: Use of force generally by police officers. Police of people helping to use reasonably necessary force
Section 231: Use of force in making arrest
Use of force must be:
- Reasonable: Operating in lawful capacity
- Necessary: To gain compliance or execution of lawful function
- Proportionate: To the level of resistance of the POI
- Appropriate: Approved tactical options model, use of force guidelines
Excessive force
- Any force when non is needed
- More force than is needed
- Any level of force continuing after the threat has been removed
- Knowingly wrongful use of force
Duty of care
Taking all reasonable steps to avoid acts or omissions which could be reasonably foreseen to harm people or their property.
Negligence
FAILURE TO EXERCISE REASONABLE CARE. Either not doing something that should have been done or doing something that should not have been done. The risk was FORESEEABLE.
Where a reasonable person would have taken precautions in the circumstances
Civil liability
Police are not liable for any injury or damage caused by any act or omission while acting in good faith
Domestic violence: Personal violences
- Intimate images
- Breach of AVO
- Assault (all manners of)
- Damage to property
- Guns
- Attempt at any
- Stalking/ intimidation
Other offences (e.g break, enter commit SIO)
