U3 3.1.1 - The distinction between summary offences and indictable offences

Question 1

define: crime

Answer 1

an act or omission that breaks an existing law, is harmful to an individual or society and is punishable by law

Question 2

what are the two elements of a crime?

Answer 2

Actus Reus and Mens Rea

Question 3

define: actus reus

Answer 3

guilty act, the act or omission committed

Question 4

define: mens rea

Answer 4

guilty mind, the intent

Question 5

define: original jusidiction

Answer 5

the courts power to hear a case for the first time

Question 5

what are features of a summary offence (nature, courts, jury, name of proceeding, statute, examples)

Answer 5

nature: less serious, minor
courts: magistrates court
jury: no
name of proceeding: hearing
statute: summary offences act
examples: drinking offences, assault etc.

Question 5

define: appallete jurisdiction

Answer 5

the courts power to hear a case on appeal

Question 6

what are features of an indictable offence (nature, courts, jury, name of proceeding, statute, examples)

Answer 6

nature: more serious
courts: county or supreme (indictable offences can be heard summarily in certain circumstances. Only for indictable offences with a max imprisonment sentence of 10 years)
jury: yes, if the defendant pled not guilty
name of proceeding: trial
statute: crimes act
examples: rape, homicide, fraud, drug trafficking etc.