Quiz 1 Flashcards
Does the prosecution do not have to prove a causal link between the conduct and the result of conduct?
False
Spouses who are competent and compellable to give evidence for or against the accused are entitled to an exemption from giving evidence for the prosecution?
False
Section 190 of the Crimes Act 1900 (ACT) allows a Police Officer to enter a premises without warrant in emergency situations.
What are those situations?
- Reasonable grounds to “Believe”; and,
- An “Offence or Breach of the peace” has been or is likely to be committed; and
- A person has suffered “Physical injury or imminent danger of injury or damage to property”; and,
- It’s necessary to enter “Immediately” to prevent the commission or repetition of an offence or breach of the peace or to protect life and property.
Under Section 223 of the Crimes Act 1900 (ACT) [Power to conduct frisk search of arrested person] a police officer who arrests a person for an offence, or who is present at such an arrest, must -“believe or suspect”- on reasonable grounds that a person is carrying a seizable item prior to conducting a frisk search of that person?
Suspect
What are the four proofs for the offense of “Possession of an Offensive Weapon or Disabling Substance”?
- Without reasonable excuse
- In a public place
- Likely to cause alarm
- Has in their possession an offensive weapon or disabling substance
ACT Criminal Code 2002 - s20 - Defines recklessness in relation to circumstance and result as what?
A person is reckless as to a circumstance or result if:
- They engage in conduct with the awareness that there is a substantial risk of the circumstance or result; and,
- It is unjustifiable to take the risk
A person has knowledge of a result or circumstance if?
The person is aware that it exists or will exist in the ordinary course of events.
A person is negligent in relation to a physical element of an offence if?
The person’s conduct merits criminal punishment for the offence because it involves—
(a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and
(b) such a high risk that the physical element exists or will exist.
Define Strict liability?
(a) there are no fault elements for any of the physical elements of the offence; and
(b) the defence of mistake of fact under section 36 (Mistake of fact—strict liability) is available.
Define Absolute Liability?
(a) there are no fault elements for any of the physical elements of the offence; and
(b) the defence of mistake of fact under section 36 (Mistake of fact—strict liability) is not available.
Define Section 308 Criminal Code ‘Theft’?
A person commits an offence (theft) if the person dishonestly appropriates property belonging to someone else with the intention of permanently depriving the other person of the property.
Define Section 309 Criminal Code ‘Robbery’?
A person commits an offence (robbery) if—
(a) the person commits theft; and
(b) when committing the theft, or immediately before or immediately after committing the theft, the person—
(i) uses force on someone else; or
(ii) threatens to use force then and there on someone else;
with intent to commit theft or to escape from the scene.
Define Section 310 Criminal Code ‘Aggravated Robbery’?
A person commits an offence (aggravated robbery) if the person—
(a) commits robbery in company with 1 or more people; or
(b) commits robbery and, at the time of the robbery, has an offensive weapon with him or her.
Define Section 311 Criminal Code ‘Burglary’
(1) A person commits an offence (burglary) if the person enters or remains in a building as a trespasser with intent—
(a) to commit theft of any property in the building; or
(b) to commit an offence that involves causing harm, or threatening to cause harm, to anyone in the building; or
(c) to commit an offence in the building that—
(i) involves causing damage to property; and
(ii) is punishable by imprisonment for 5 years or longer.
Define Section 312 Criminal Code ‘Aggravated Burglary’
A person commits an offence (aggravated burglary) if the person—
(a) commits burglary in company with 1 or more people; or
(b) commits burglary and, at the time of the burglary, has an offensive weapon with him or her.
Define Section 313 Criminal Code ‘Receiving’
(1) A person commits an offence (receiving) if the person dishonestly receives stolen property, knowing or believing the property to be stolen.
Define Section 318 Criminal Code ‘Taking etc motor vehicle without consent’
(1) A person commits an offence if the person—
(a) dishonestly takes a motor vehicle belonging to someone else; and
(b) does not have consent to take the vehicle from a person to whom it belongs.
(2) A person commits an offence if—
(a) the person dishonestly drives or rides in or on a motor vehicle belonging to someone else; and
(b) the vehicle was dishonestly taken by someone without the consent of a person to whom it belongs.
Define Section 321 Criminal Code ‘ Minor Theft’
(1) A person commits an offence (also theft) if—
(a) the person dishonestly appropriates property belonging to someone else with the intention of permanently depriving the other person of the property; and
(b) the property has a replacement value of $2 000 or less when it is appropriated.
What defines a summary offence under the ACT Legislation Act 2001?
Punishable by 2 years or less
What defines a indictable offence under the ACT Legislation Act 2001?
Longer than 2 years or otherwise declared
What defines a summary offence under the Commonwealth Legislation?
Punishable by 1 year or less
What defines a indictable offence under the Commonwealth Legislation?
Punishable by longer than 1 year
Summarize Section 227 of the Crimes act 1900 (ACT) and Section 3ZH (2) of the Crimes Act 1914 (Cth) - Strip Search
The police officer Suspects on reasonable grounds that the person has in his or her possession:
A seizable item; or
Evidential material (other than forensic material as defined in part ID CA1914) in relation to that or another offence; and
The police officer Suspects on reasonable grounds that a visual inspection of the persons bod will provide evidence of the persons involvement in an offence; and
The Police Officer Suspects on reasonable grounds that it is necessary to conduct a strip search of the person to recover that thing or to discover that evidence.
A police officer of the rank of superintendent or higher has approved the conduct of the search.
Define Hearsay
Hearsay is an out of court assertion that somebody says about something they have not perceived themselves
Exceptions to the Hearsay Rule
Tags Admissions Business Records Evidence relevant for non hearsay purposes First hand available First hand unavailable
Summarize ‘Commission by Proxy’
Defendant procures someone else to engage in conduct that makes up physical elements; and
At the time of procuring the defendant had the fault elements applying to each physical element.
Punishable as if committed.
Summarize ‘Joint Commission’
Person and atleast 1 other enter into an agreement (before or at same time as conduct) to commit an offence; and
The person and at least 1 other intend an offence be committed; and
Either an offence is committed:
In accordance with agreement, and conduct of 1 or more make up physical elements of agreed offence; or
In course of carrying out agreement, and person is reckless about an offence other party commits.
Punishable as if committed.
Summarize ‘Incitement’
Defendant urges commission of an offence; and
Must intend offence incited be committed.
Does not matter If incited offence was committed or impossible.
Does not apply to attempt or conspiracy.
Variable punishment, depending upon severity of incited offence.
Summarize “Conspiracy”
Conspired offence is punishable by longer than1 year;
Person and atleast 1 other enter into agreement;
Person and at least 1 other party to agreement intend an offence be committed under agreement;
Person or at least 1 other party to agreement commit over act under agreement.
Must obtain consent of Attorney General or DPP/CDPP.
It does not matter if offence was impossible to commit, or other parties are not criminally responsible, or other parties are acquitted;
Punishable as if committed.
Summarize “Complicity & Common Purpose”
The conduct actually aided, abetted, counselled or procured commission of offence by other person (or knowingly concerned); and
Intended conduct to aid (etc) commission of any offence of type committed by the person; or
Intended conduct to aid (Etc) commission of an offence and is reckless about commission of offence committed; and
An Offence must have been committed by other person.
Punishable as if committed.
Define assault
The reckless or intentional application of force to another person without consent, lawful excuse or justification.
Summarize Common Assault - Section 26 of the Crimes Act (1900)
Applied force to another person; and
Intended to apply force.
OR
Committed an act that placed another person in fear of immediate and unlawful personal violence; and
Foresaw the act could/would cause an apprehension of immediate and unlawful personal violence.
Define Assault occasioning Actual Bodily Harm (ABH) - Section 24 (1) of the Crimes Act 1900 (ACT)
The Defendant engaged in conduct; and
The Defendant intended to engage in the conduct, and
The conduct involved the application of force to another person; and
The application of force resulted in actual bodily harm to another person.
Define Recklessly inflict Grievous Bodily Harm (GBH) Section 20(1) of the Crimes Act 1900
The Defendant engaged in conduct; and
The Defendant intended to engage in the conduct; and
The Conduct resulted in grievous bodily harm to another person; and
The Defendant was Reckless as to whether their conduct would inflict grievous bodily harm to that person.
Define intentionally inflict Grievous Bodily Harm (GBH) Section 19 (1) of the Crimes Act 1900.
The Defendant Engaged in conduct, and
The Defendant intended to engage in the conduct, and
The Conduct resulted in grievous bodily harm, to another person, and
The defendant intended to inflict grievous bodily harm to that person.
Define Affray
A person commits an offence;
The person engages in conduct; and
The conduct is violent or the threat of violence; and
The violence or threat is directed towards someone else; and
The violence or threat would be likely to cause a reasonable person to fear for his or her safety.
What is Suspicion verbatim?
Suspicion is more than a mere idle wondering of whether it exists or not, it is a positive feeling of actual apprehension or mistrust, amounting to a slight opinion; but, without sufficient evidence.
What is a Public place verbatim?
Any street, road, public park or reserve; or a building, premises or other place that the public is entitled to use or that is open to or used by, the public, whether on payment of money or otherwise.
What is belief verbatim?
Reasonable grounds for belief is the inclination of the mind toward assenting to, rather than rejecting, a proposition; but, may leave something to surmise or conjecture.
Define section 212 of the Crimes Act 1900
A police officer may, without warrant, arrest a person for an offence if the police officer suspects on reasonable grounds that—
(a) the person has committed or is committing the offence; and
(b) proceedings by summons against the person would not achieve 1 or more of the following
purposes:
(i) ensuring the appearance of the person before a court in respect of the offence;
(ii) preventing a repetition or continuation of the offence or the commission of another
offence;
(iii) preventing the concealment, loss or destruction of evidence relating to the offence;
(iv) preventing harassment of, or interference with, a person who may be required to give
evidence in proceedings in respect of the offence;
(v) preventing the fabrication of evidence in respect of the offence;
(vi) preserving the safety or welfare of the person.
What is an offensive weapon ?
Anything made or adapted for use, or capable of being used, for causing injury to or incapacitating a person; or
Anything intended for that use by the person who is carrying it or otherwise has it in his or her possession;
Includes an imitation or replica of an offensive weapon.
