SAC 2 Flashcards
what is a crime
an act r ommission that is against and existing law harmful to and individual or to society adn punishable by law
what are thr puroses of criminal aw
protecting individuals, protecting property, protecting society, protecting justice
how does criminal law rotect individuals
establsh crimes and processes to protecet from future behaviours
how does criminal law protect property
protects private and public property including teh land and evironmen
how does criinal law protect sociteyy
sets a standard for tolerated behaviour helping maintain public order and safety
how does criminal law protect justice
provides a process to deal with offenders. t prevents victims and their friends and family from taking punishment into their own hands
what is the presuption of innocence
innocent until proven guikty. protected by the burden f prood and standard of proof (beyind reasonable doubt)
what are the elements of a crime
actus reus and mens rea
what is actus reus
the guilty act– the prosecution must prove the person physically did the wrongful act
what is mens rea
teh guikty mind- the prosecution must prove the accused knowingly or intentionally commited the act
what is needed to prove a crime
actus reus and mens reas
what is strict liability
crimes where the proseution only has to prove actus reus and not mens rea
why do we have trict liability offences
these laws are regulatory and are usually summary offences that are high in volume. their purpose is to deter promoting comunity safety and reduce time for processing.
what is an indictable offence
major (serious) crimes heard in the county or supreme court such as murder
what is a summary offence
minor crimes that are heard in the magistrates court such as speeding
what are crimes against the person
crimes that harm others physically or emotionally
what are crimes against property
acts that destroy property
what is the burden of proof
he burden of proof lies with the procescution to rove the accused guilty
what is the standardd of proof`
the standard of proof is beyond reasonable doubt in crimainal trials
who are the participants in a crime
the principle offender an the accessory
what is the priciple offender
the person who commits the offence and has carried out the actus reus of a crime
what is the accessory
a person who assists a principal offender after they commit a crime including helping them avoid the law
what are the elements of murder
committed act whic caused death, act was voluntary, intention to kill or seriously injure, knew death or injury was a probablility no lawful justification
explain the second element of murder
the act was voluntary - it was within the accused bodily control
explain the first element of murder
commited act which caused death, there was no intervening act -
explain the part a to the third element of murder
a) intending to kill or seriously injure- act was intentional
explain part b to the third element of murder
B) knew death or serious injury was probably- reckless murder
explain the fourth element to murder
no lawful justification- no defense
what are elements of manslaughter
1- an unlawful act- committing another crime
2- dangerous act - acting dangerously/recklessly
3- caused death
what are the elements of theft
what are the elements of burglary
theft + tresspassing + assault
what are the elements of robbery
theft + force
what are the defenses
self defence, mental impairment, duress, emergency, automatism, accident, intoxication.
what is self defense
actions were necessary to protect and defend themselves, actions were a reasonable response to the circumstances
what is mental imparment
is accused was suffering from menatl illness, little understanding of the nature and quality of actons- did not know conduct was wrong or could not reason or think about actions like and ordinary person
what is duress
had reasonable belief that
-a threat of harm existed
- a threat would have been carried out unless offence was committed
- only reasonable way to avoid threat
- conduct was a reasonable response to threat
what is sudden or extraordinary emergency
there was a sudden or extraordinary emergency
- reasonable way of dealing woth the situation
- reasonable respinse to situation
what is automatism
a total loss of control over bodily movement could not form mens rea
- sleeping/sleepwalking
-suffering concussion
- epileptic seizure
- side effect of proper use of medicine
what is an accident
prosecution must prove the accused’s actions were deliberate and intentional. if actions were involuntary, unintentional or unforseeable by an ordinary person the accused can raise accident
what is intoxication
if actions were involuntary due to intoxication due to drugs, alcohol, another substance. accused must however prove that intoxication was not self-induced - involuntary due to fraud, reasonable mistake, force or proper use of prescription
what is the age of criminal responsibility
- a person under 10 can’t be charged with a crime
- a person between 10-13 can if it can be proved the child knew their actions were wrong - rebutting doli incapax
- a person 14 and over is criminally liable
what is doli incapax
a child is considered incapable of comitting an action with criminal intent. - factors in childs age upbringing history what they said and did before and after and medical and psychological assessments to determine moral and intellectual capacity.
