Part 5 Flashcards
What are the defences to murder and manslaughter?
Accident, automatism, mental impairment, intoxication, self-defence and duress
Explain the defence of accident?
The accused can prove that mens rea was not present
Explain the defence of automatism?
The accused can claim that they were not in control of their actions at the time
Explain the defence of mental impairment?
The accused can claim they were not of sound mind at the time of the offence
Explain the defence of intoxication?
The accused can claim they were under the influence of drugs, alcohol or other substances
Explain the defence of self-defence?
The accused can claim it was necessary for them to act in a way that caused death
Explain the defence of duress?
Where a threat to inflict death is made and the person believes they will be harmed if they do not carry out the crime
How can a person be charged with assault?
If they intentionally use direct or indirect force against another person, whether or not they cause actual harm
What are the 2 indictable offences related to driving?
Culpable driving causing death/serious injury or dangerous driving causing death/serious injury
What is culpable driving?
When a driver deliberately ignores a substantial risk that another person may die or suffer serious bodily harm as a result of their driving
What is the maximum penalty for culpable and dangerous driving?
20 years imprisonment for culpable driving and 10 years imprisonment for dangerous driving
What is theft?
When a person dishonestly takes someone else’s property with the intention of permanently keeping the object
What is robbery?
When a person illegally takes another person’s property by force, or threatens to use force in order to steal the object
What is shoplifting?
Theft from a retail store of goods with a sale price of less than $600
What is burglary?
When someone has entered a building with the intention of stealing anything that is inside, or to commit assault or property damage
