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legal unit 1 > not on exam > Flashcards

not on exam Flashcards

1
Q

drug offences - use

A

it is a criminal offence to use a drug of dependence
- smoke, inhale or introduce into the body
- summary offence
- cannabis = 5 penalty units
- other = 30 penalty units/1 yr prison

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2
Q

drug offences - possession

A
  • most common offence
  • physical control/custody of the drug
  • prosecution must prove that the accused knew of the presence of the drug and intended to posess the drug
  • posession in a small quantity (cannabis) + not related to trafficking = given a warning
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3
Q

drug offences - trafficking

A
  • preparing and manufacturing an illegal drug
  • agreeing to sell an illegal drug
  • offering drugs for sale
  • selling an illegal drug
  • posession of a large quantity
    non commercial = 15 yrs/1800 units
    under 18= 20 yrs/2400 untis
    commercial = 25 yrs/3000 units
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4
Q

drug offences - cultivation

A
  • cultivation of a narcotic plant
  • sowing, planting, growing, tending to, nurturing or harvesting the plant
  • if X related to trafficking -> 120 units/1 yr
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5
Q

domestic violence

A

a situation where a person experiences abuse at the hands of a partner/ex partner (victim usually woman, accused usually man)

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6
Q

forms of domestic violence

A

verbal abuse= threats, put downs etc
physical violence= punching kicking
sexual abuse= forced or unwanted sex
economic abuse= denying oppurtunity to access/earn money
social abuse= deigrating partner in public etc
psychological abuse = undermining partners self confidence, galighting etc

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7
Q

cycle of violence

A
  • violence may not happen all the time
  • partners may be sorry after violent episode
  • both parties may feel guilty/blame themselves
  • abuse may continue or escalate
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8
Q

statistics

A
  • 1 in 4 women have experiences violemce by an intimate partner
  • in victoria, 75% of victims of family violence incidents were female, 77$ of perpertrators being male
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9
Q

action against domestic violence - intervention orders

A
  • legally enforcable document that aims to provide a person, their children and their property with protection
  • has conditions to stop family violence
  • law may require respondent to stop behaviour or stay away
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10
Q

action against domestic violence - criminal proceedings

A
  • victims can make a report ti police
  • perpetrators can be charged, a sanction imposed if they are found guilty
  • difficulties: offence must be proven, no ongoing protection, giving evidence is traumatic, could lead to further violence
  • strengths: remove perpetrator from situation, support by police, perp in jail, taking responsibility
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11
Q

action against domestic violence - civil court proceedings

A
  • victim can sue for assault and battery, claiming compensation for pain and suffering
  • monetary reward = restore victim to their original state
  • difficulties: costs and delays, likely to aggravate situation, may not recieve rewards
  • strengths: prevent perp from reoffending, monetary award
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12
Q

action against domestic violence - injunctions

A
  • family court and federal circuit court can issue an injunction under the Family law reform act 1996 (Cth)
  • will stop the perp assaulting/harassing another and entering premises
  • can be heard quickly
  • only available to married/divorced/defacto couples
  • target different things
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13
Q

Child abuse definition

A

an act by parents or caregivers which endangers a child or young person’s physical or emotional health or development
- comes under the Children, Youth and Families Act 2005 (Vic)

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14
Q

child abuse - definitions

A

-physical abuse- injured through violence
-neglect - child not adequately looked after for long periods of time or abandoned
- sexual abuse - person uses authority, forcefully or not, to get the child to participate in sexual activities for an older individuals pleasure
- emotional abuse - repeatedly subjecting child to threats, deprival of love, humiliated over long times

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15
Q

causes/effects of child abuse

A

causes
- individual personalities
- social, economic or envioronmental situations

effects
- long term psych impact on child + society
- child more likely to be aggressive and self destructive
- ^ crime, demands on society and social services

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16
Q

statistics of child abuse

A
  • boys are more at risk than girls
  • most abuses are male, most victims are female
  • emotional abuse is most commonly reported
  • 2.5 mill adults report being abused physically/sexually as a child
  • disparity between indigenous and non indigenous children
17
Q

nuisance aim

A

nuisance deals with the violation of a persons right to reasonable convenient and comfort in life

18
Q

private nuisance

A

when an act or omission substantially and unreasonably interferes with a persons use and enjoyment of their own land

19
Q

public nuisance

A

when an act or omission interferes with the comfort or convenience of a number or people

20
Q

tort of nuisance protects rights to:

A
  • enjoy ones own land, others cannot interfere w/access/enjoyment
  • freedom of movement
  • seek an appropriate remedy from courts when nuisance occurs
21
Q

elements of nuisance

A
  • plaintiff has a property right in or over the land
  • interference with the plaintiffs use and enjoyment of the land
  • plaintiff has suffered damage
22
Q

elements of nuisance - plaintiff has property right

A

plaintiff must have an interest in the land, usually as the owner or tenant

23
Q

elements of nuisance - interference w/ plaintiffs use and enjoyment of land

A
  • defendant interfered with the use and enjoyment of the land
  • can include dust, vibration, noise, water, or objects
  • in assessing ‘reasonableness’, a number of aspects considered including nature, time, ordinary use
24
Q

elements of nuisance - plaintiff suffered damge

A
  • damage which had a negative impact on ones life has been suffered
  • damage ran be material or non-material in nature
25
Q

nuisance - sources of law

A
  • developed through common law
  • based on protecting against the development of land
  • statute law on town planning and the zoning of land has developed
26
Q

nuisance - limitation of actions act 1958 (vic)

A
  • general nuisance claims - 6 years from date of action
  • injury disease or disorder - 3 years from the date on which the injury was discovered
27
Q

impacts of nuisance - plaintiff

A
  • effect on mental health
  • quality of life
  • costs
28
Q

impacts of nuisance - defendant

A
  • inconvenience - legal proceedings
  • costs - damages + legal costs
  • business failures
29
Q

nuisance - defences - statutory authorisation

A
  • legislation passed by parliament allows the conduct which the plaintiff has claimed constitutes nuisances
30
Q

nuisance - defences - consent

A

plaintiff gave consent to the actions that led to injury or loss

31
Q

nuisance - defences - reasonable use

A
  • plaintiff won’t succeed when defendant can establish that their use of the land was reasonable
  • courts will determine whether a defendants use of property w/ existing standards and expectations for a property of that type in the location
32
Q

trespass to the person - assault

A

a direct threat by a person that places another in reasonable fear of imminent contact.
- elements
- direct threat
- reasonable fear
- knowledge of threat

33
Q

trespass to the person - battery

A
  • a direct act which has effect of causing contrast with another without consent, the contact is usually intentional, although it can reckless or careless
  • elements
    • voluntary
    • direct contact
    • intention
34
Q

trespass to the person - false imprisonment

A
  • involves the wrongful total restraint of anothers liberty, restraint can be either intentional, reckless or careless, and is distinct from lawful imprisonment
  • elements
    • total restraint
    • confining done by defendant
    • intentional (or careless/reckless)
35
Q

trespass to goods

A

direct interference by one person with another persons possession of goods
- elements
- in possession of goods at the time of interference
- act of interference which was intentional
- act of interference was a direct act by the defendant

36
Q

trespass to goods - defences

A
  • plaintiff not in possession of goods at the time of alleged trespass
  • act of interference was unintentional
  • act of interference was not a direct act by the defendant
    (basically lack of elements)
37
Q

trespass to land

A

direct interference without lawful justification with another persons possession of land, which includes houses, shops, gardens and paths
- elements
- direct physical interference with a persons exclusive possession of there land
- interference is usually voluntary and intentional, but can be reckless or careless

land includes everything under the land and over it

legal unit 1 (4 decks)

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