Part 4 Flashcards
(25 cards)
What is an example of a case heard in the children’s court?
A 15 year old boy charged with theft
What is an example of a case heard in the magistrates’ court?
A man charged with manslaughter awaiting a committal hearing
What is an example of a case heard in the county court?
A town suing the Herald Sun for costs of $125,000
What is an example of a case heard in the supreme court?
A woman charged with culpable driving causing death
What is an example of a case heard in the high court?
Pauline Hanson suing the Australian government for defamation, seeking 1 million dollars
What does criminal law deal with?
Offences against society that can be defined as intentionally doing something that is harmful to another person, immoral or offensive to society or punishable under the Crimes Act
What are the 5 general aims of sanctions?
Retribution, to deter, rehabilitation, to protect the community and denounce the offender’s actions
What is a fine?
A sum of money exacted as a penalty by a court of law or other authority, used for speeding, drinking-driving or traffic offences
What is a community corrections order?
A flexible order that allows you to serve your sentence in the community, used for theft, burglary or unarmed robbery
What is imprisonment?
The state of being in captivity or imprisoned, used for murder, rape or sexual assault
In order for a person to be charged and convicted of a crime, what must occur?
They must have known at the time that they committed the offence and what they were doing was wrong
What must be preset in order for an accused person to be found guilty?
Actus reus and mens rea
What does actus reus mean and what must be proved?
A wrongful act, and it must be proved that the person who committed the crime intended to do so and understood their actions were wrong
What does mens Rea mean and what must be proved?
A guilty mind, and it must be proved that the person who committed the crime intended to do so and understood their actions were wrong?
What is the law regarding a person charged with a crime?
They are innocent until proven guilty
Whom does the burden of proof rest with?
The prosecution, who must find evidence that proves both actus reus and mens rea
In criminal law, what is the standard of proof?
Beyond reasonable doubt, meaning that there must be no doubt in the minds of the jurors, for the accused to be convicted of the crime
What are indictable offences such as murder and rape heard before?
A judge and jury
What are summary offences such as drink-driving heard before?
A magistrate, without a jury
What is murder?
The unlawful and intentional killing of a person by another person, who is of sound mind and old enough to be aware and responsible for their actions
What is the maximum penalty for murder?
Life imprisonment
What must be present in order for a person to be found guilty of murder?
The victim must be a human being, the death must directly be caused by the accused, the killing must be unlawful, the intention to kill must be present, the accused must have a sound mind and be over the age of 10
What is manslaughter?
The unlawful killing of a person that does not amount to murder because there was no intention to kill
What is the maximum penalty for manslaughter?
20 years imprisonment
