Police and NSW Courts System Flashcards
What is Actus Reus?
is the physical actions of the crime. The most important issue in relation to actus reus is that the criminal actions of the offence must be a conscious and voluntary act.
What is Mens Reus?
is the mental component of a crime. This may be direct, in the form of a clear malicious intent; however, it may also be proved by recklessness, criminal negligence and willful blindness.
What is “beyond reasonable doubt”?
fundamental protection if accused of a crime that requires that the prosecution prove its case beyond a reasonable doubt against the defendant.
What are the three different types of offences?
Summary Offence (Not so serious), Indictable offences (0-5 yearS), Serious Indictable Offences (Over 5 Years).
List giving evidence in the NSW court system.
- Evidence in chief, 2. Cross Examination, 3. Re Examination, 4. Prima Facie, 5. Voir dire.
Explain Evidence in chief?
After swearing an oath or making an affirmation witnesses give their evidence. They recall what happened (statement and/or memory) or by answering specific questions put to them by the prosecutor. Once their evidence is finished the prosecution witnesses they may be cross examined by the accused or their legal representative appearing for them.
Explain Cross Examination?
The accused or their legal representative has the right to cross examine the prosecution witnesses at the end of the evidence in chief. Cross examination allows the defence the opportunity to test the reliability of the evidence of a witness.
Explain Re Examination?
After a prosecution witness have been cross examined by the accused or their legal representative an opportunity is afforded to the prosecution to reexamine them. To allow a witness to clarify or explain any matters which have risen during cross examination.
Explain Prima Facie?
Once all the evidence upon which the prosecution case has been presented it is for the magistrate to decide whether or not the evidence is sufficient to establish a prima facie case. That is, there is sufficient evidence upon which a conviction could be safely based. If the magistrate determines that the defendant has a case to answer, the proceedings will continue. If the magistrate the proceedings does not the case against the accused will be dismissed and the accused is discharged.
Explain Voir dire?
A Voir dire, sometimes referred to as a trial within a trial’, held during a court hearing on the admissibility of contested evidence. For example, an accused may object to certain evidence of admission being introduced. The Magistrate or Judge may suspend the hearing, in order to consider legal arguments from both the prosecution and defense on that issue. In the case of a trial with a jury, the legal argument is generally conducted in their absence to avoid their eventual deliberations being prejudiced. Having ruled on the issue in question, the Magistrate immediately preside over a hearing on the standing of the police officer’s evidence.
purpose for which sentencing is carried out in Section 3A Crimes (Sentencing Procedure) Act 1999(NSW)?
- To ensure that the offender is adequately punished for the offence;
- To prevent crime by deterring the offender and other persons from committing similar offences;
- To protect the community from the offender. To promote the rehabilitation of the offender.
- To make the offender accountable for his or her actions.
- To denounce the conduct of the offender.
- To recognise the harm done to the victim of the crime and the community. Standard Non-Parole Period Offence Scheme.
- Penalties that may be imposed – (see Part 2 Crimes (Sentencing Procedure) Act 1999(NSW): Imprisonment
- Periodic Detention
- Home Detention
- Community Service Orders
- Good Behaviour Bonds
- Dismissal of Charges and Conditional Discharge of offender Deferral of Sentencing for Rehabilitation Purposes etc
- Suspended Sentence
