U1AOS2: Proving Guilt

Question 1

Purposes of criminal law

Answer 1

-protect society
-protect property
-protect individuals
-protect justice

Question 2

Crime def

Answer 2

-an act or omission that violates an existing law
-causes harm to indiv or society
-punishable by law

Question 3

Actus reus

Answer 3

Guilty act - the physical element of the crime

Question 4

Mens rea

Answer 4

Guilty mind - the mental element of the crime

Question 5

Presumption of Innocence

Answer 5

Right of all accused ppl to be considered = treated as innocent until the charge has been proven by pros beyond reasonable doubt

Question 6

Crim burden + standard of proof

Answer 6

-prosecution
-beyond reasonable doubt

Question 7

Ex presumption of innocence being upheld

Answer 7

Prior convictions cannot be revealed in court until sentencing

Question 8

Ex presumption of innocence being limited

Answer 8

-right to bail X upheld of offender charged w/ terrorism for 2nd time

Question 9

Strict Liability Offences

Answer 9

-do not require mens rea, only needs to prove actus reus
-usually summary offence

Question 10

Honest + reasonable offence

Answer 10

-certain facts existed at the time of the offence which would mean if true were X committing an offence

Question 11

Age of criminal responsibility

Answer 11

-10
-10-13 = doli incapax

Question 12

Indictable offences

Answer 12

more serious criminal offences
-county / supreme court
-Crimes Act 1958 (VIC)

Question 13

Indictable offences hear summarily

Answer 13

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

Question 14

summary offences

Answer 14

minor or less erious criminal offences
-heard in maj court
-Summary Offences Act 1966 (VIC)

Question 15

types of crime

Answer 15

-crimes against person
-crimes against property
-hate crime
-drug crime
-organised crime

Question 16

Definition of Murder

Answer 16

Unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful jurisdiction

Question 17

Murder- Death of Human (actus reus)

Answer 17

Must be a living person not an object animal or unborn child

Question 18

Murder- Voluntary Act (actus reus)

Answer 18

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)

Question 19

Murder Causation
(actus reus)

Answer 19

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

Question 20

Intervening Acts

Answer 20

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

Question 21

Murder- Malice aforethought
(mens rea)

Answer 21

Thinking about harming someone before you actually do.
can be intentional murder or reckless murder

Question 22

Intentional Murder (mens rea)

Answer 22

1. Intended to kill victims
2. Intended to cause victims GBH
3. Had a conscious desire to cause death / GBH

Question 23

Reckless Murder
(mens rea)

Answer 23

Knows act will probably or likely kill or cause GBH but goes ahead and acts with reckless indifference

Question 24

Murder- Self defence

Answer 24

• Actions were necessary to protect themselves/ others from death/ GBH
  -Perceived actions to be reasonable response

Question 25

Murder- Duress

Answer 25

-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

Question 26

Murder- Sudden or extraordinary emergency

Answer 26

-sudden or extraordinary emergency involving death/ GBH
-Actions only way
-reasonable response

Question 27

CDCD- Driving (actus reus)

Answer 27

A person has substantial control of the movement and direction of the motor vehicle

Question 28

CDCD- Motor Vehicle (actus reus)

Answer 28

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

Question 29

CDCD- Categories for Culpability (mens rea)

Answer 29

• 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

Question 30

CDCD: Recklessly
(mens rea)

Answer 30

• Recklessly: Aware there is substantial risk that another person could die / gbh + consciously and unjustifiably disregards that risk

Question 31

CDCD: Negligently (mens rea)

Answer 31

-Negligently: fails to a high degree to observe standard of care a reasonable person would have observed in same situation

Question 32

CDCD: Incapacitated by drugs or alcohol

Answer 32

-Under the influence of drugs and alcohol: consumption must render drive incapable of properly controlling vehicle

Question 33

CDCD: Duress

Answer 33

1. threat of harm carried out if x commit a crime
2. committing crime only way to avoid threatened harm
   3.conduct was a reasonable response

Question 34

CDCD: Sudden or extraordinary emergency

Answer 34

1.Sudden or extraordinary emergency occurred
2. Actions only way of dealing with Sudden or extraordinary emergency
3. Conduct was a reasonable response

Question 35

CDCD: Automatism

Answer 35

total loss of control over bodily movements at time of act –> involuntary state of mind