presumption of innocence Flashcards
criminal law purposes
a crime
to protect individuals in society, protect property, promote justice, maintain public order and security
an act or omission against an existing law that is harmful to society or an individual, punishable by law
presumption of innocence
protecting presumption of innocence
achieving social cohesion
the accused is considered innocent until proven guilty in a court of law to protect against wrongful conviction
the burden of proof is on the prosecution, must be beyond reasonable doubt, police need reasonable grounds to make an arrest
the willingness of those in society to work together for society to prosper
element: actus reas
element: mens rea
actus reas: the physical act of committing a guilty act, it must be a conscious decision or failure to act
mens rea: the mental element of having a guilty mind, awareness that there act is criminal
strict liability
age of responsibility
doli incapax
when culpability for committing a crime is proven without need for mens rea (running a red light)
the age of criminal responsibility is a child under 10 years cannot form intent tp commit a crime
meaning that a child between 10-13 still cannot form mens rea
standard of proof
burden of proof
malice aforethought
standard: the degree to which a case must be proven beyond reasonable doubt that the accused is guilty)
burden: the obligation to prove a case which is on the prosecution
malice: the intention to cause death or grievous bodily harm
summary offences
indictable offences
indictable heard summarily
summary: minor criminal offences, heard in magistrates, drunk driving, minor assault - in the summary offences act - guilt is determined by judge (not jury)
indictable: serious criminal offences heard by judge (or jury if the defence pleads not guilty), in county or Supreme Court, rape, murder manslaughter - in crimes act
heard summarily: serious offences that can be heard as a summary offence if court and accused agree - ONLY IF punishable by 10 years imprisonment pr fine over 200,000
principle offender
accessory to s crime
principle: person who commits crime or is directly involved (encouraging or directing someone to commit a crime)
accessory: someone knowingly assisting the principle offender after the crime is committed
MURDER
definition
elements
defences
murder is the unlawful killing of another person with malice aforethought but a person over the age of 10 while of sound mind
defences: self defence, mental impairment, automatism
elements: is unlawful, victim is human, accused caused the death, of sound mind
MURDER
common law in developing
statute law in developing
common: established definition an outlined defences
statute: penalties established in crimes act, can abrogate principles of murder established by common law
MURDER
Impacts:
Types: manslaughter, infanticide
impacts: loss of life, loss of income, trauma, funeral costs, legal costs, need for more police, loss of confidence in legal system/laws
manslaughter - unintentional killing due to negligent behaviour
infanticide - mother kills child under 2 years after giving birth due to mental condition after birth
ARSON
definition:
Elements:
defences
arson is the intentional and unlawful damage/destruction of another persons property by use of fire
elements: damaged property by fire, property belonged to someone else, knew result of their actions
defences: mental impairment, automatism, property was theirs
ARSON
Common law in developing:
Statute law in developing:
common: defines, elements and defences established in court
defences: arson laws set in crimes act
ARSON
Types:
Impacts:
types: arson causing death, intentionally causing bushfires
impacts: loss of home, building costs, loss of human life, shame/guilt, legal costs
