U1AOS2: Proving Guilt Flashcards
Purposes of criminal law
-protect society
-protect property
-protect individuals
-protect justice
Crime def
-an act or omission that violates an existing law
-causes harm to indiv or society
-punishable by law
Actus reus
Guilty act - the physical element of the crime
Mens rea
Guilty mind - the mental element of the crime
Presumption of Innocence
Right of all accused ppl to be considered = treated as innocent until the charge has been proven by pros beyond reasonable doubt
Crim burden + standard of proof
-prosecution
-beyond reasonable doubt
Ex presumption of innocence being upheld
Prior convictions cannot be revealed in court until sentencing
Ex presumption of innocence being limited
-right to bail X upheld of offender charged w/ terrorism for 2nd time
Strict Liability Offences
-do not require mens rea, only needs to prove actus reus
-usually summary offence
Honest + reasonable offence
-certain facts existed at the time of the offence which would mean if true were X committing an offence
Age of criminal responsibility
-10
-10-13 = doli incapax
Indictable offences
more serious criminal offences
-county / supreme court
-Crimes Act 1958 (VIC)
Indictable offences hear summarily
some less serious offences can be heard in maj court
Benefits
-faster + cheaper
-2 yrs single offence 5 yrs multi
Requirements
-max sanction = 10 yrs imprisonment / 1200 penalty units
-accused + courts must consent
summary offences
minor or less erious criminal offences
-heard in maj court
-Summary Offences Act 1966 (VIC)
types of crime
-crimes against person
-crimes against property
-hate crime
-drug crime
-organised crime
Definition of Murder
Unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful jurisdiction
Murder- Death of Human (actus reus)
Must be a living person not an object animal or unborn child
Murder- Voluntary Act (actus reus)
Accused must have had conscious and deliberate control of their bodily movement when committing the acts that killed the victim (not sleepwalking/ involuntary + grossly intoxicated)
Murder Causation
(actus reus)
Must prove a direct, unbroken casual link between accused actions and death of the victim
Act doesn’t need to be only cause but must:
-be a substantial and operating cause of death
-murder specific–>have made it a natural consequence for the victim to seek escape
Intervening Acts
Breaks chain of causation
-act of nature that is spontaneous irregular and unpredictable (tsunami but tide doesn’t count)
-medical treatment so palpable or overwhelmingly bad
-eggshell skull rule: must take vic as they find them —> beliefs allergies sensitivities not an IA
Murder- Malice aforethought
(mens rea)
Thinking about harming someone before you actually do.
can be intentional murder or reckless murder
Intentional Murder (mens rea)
- Intended to kill victims
- Intended to cause victims GBH
- Had a conscious desire to cause death / GBH
Reckless Murder
(mens rea)
Knows act will probably or likely kill or cause GBH but goes ahead and acts with reckless indifference
Murder- Self defence
- Actions were necessary to protect themselves/ others from death/ GBH
-Perceived actions to be reasonable response
Murder- Duress
-Threat of death/ GBH will be carried out unless commit crime
-Committing crime only way to avoid harm
-Conduct is a reasonable response to threat made
Murder- Sudden or extraordinary emergency
-sudden or extraordinary emergency involving death/ GBH
-Actions only way
-reasonable response
CDCD- Driving (actus reus)
A person has substantial control of the movement and direction of the motor vehicle
CDCD- Motor Vehicle (actus reus)
A vehicle propelled by a motor and is normally used in a highway
- Cars, trucks, buses, motorbikes
- NOT trains, trams, motorised wheelchairs that do not exceed 10 km/hr, bikes
CDCD- Categories for Culpability (mens rea)
- Recklessly: Aware there is substantial risk that another person could die / gbh + consciously and unjustifiably disregards that risk
-Negligently: fails to a high degree to observe standard of care a reasonable person would have observed in same situation
-Under the influence of drugs and alcohol: consumption must render drive incapable of properly controlling vehicle
CDCD: Recklessly
(mens rea)
- Recklessly: Aware there is substantial risk that another person could die / gbh + consciously and unjustifiably disregards that risk
CDCD: Negligently (mens rea)
-Negligently: fails to a high degree to observe standard of care a reasonable person would have observed in same situation
CDCD: Incapacitated by drugs or alcohol
-Under the influence of drugs and alcohol: consumption must render drive incapable of properly controlling vehicle
CDCD: Duress
- threat of harm carried out if x commit a crime
- committing crime only way to avoid threatened harm
3.conduct was a reasonable response
CDCD: Sudden or extraordinary emergency
1.Sudden or extraordinary emergency occurred
2. Actions only way of dealing with Sudden or extraordinary emergency
3. Conduct was a reasonable response
CDCD: Automatism
total loss of control over bodily movements at time of act –> involuntary state of mind
