Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal > Unit 1 AOS 2 > Flashcards

Unit 1 AOS 2 Flashcards

1
Q

What is ‘actus reas’

A

An element of a crime that refers to the guilty act committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is ‘mens rea’

A

An element of a crime that refers to a guilty mind

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How does criminal law promote social cohesion?

A

it defines and prohibits the types of behaviours that are unacceptable (crimes) and outlines the consequences (sanctions) for people who commit these behaviours.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is a crime?

A

a crime is an act or omission that is against an existing law, harmful to individuals or punishable by law?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Purposes of criminal law

A

protect individuals, protect society, promote justice, protect property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

relevant crimes to protect individuals

A

murder, manslaughter, rape, arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

relevant crimes to protect property

A

trespassing, theft, intellectual property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

relevant crimes to protect society

A

drug offences, terrorism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

how does criminal law promote justice

A

Having the state enforce criminal law helps prevent victims of a crime, and their family and friends, from taking the law into their own hands and imposing their own punishment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

how does criminal law protect individuals?

A

by establishing crimes and processes to deal with people who commit these crimes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

how does criminal law protect property?

A

Criminal law protects privately owned and public property. This includes protecting land and the environment, and personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How does criminal law protect society

A

protects the community as a whole by setting standards and making it clear what behaviour is not tolerated by the community and the legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what is the presumption of innocence

A

The right of the accused to be presumed not guilty unless proven otherwise

they’re innocent until proven guilty beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is standard of proof?

A

To prove someone is guilty beyond reasonable doubt is the standard of proof.

So, for the accused to be found guilty, this standard must be met (or surpassed)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is the burden of proof?

A

It is the Prosecutions responsibility to prove that the accused is guilty beyond reasonable doubt

The Prosecution holds the burden of proof

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

elements of a crime

A

actus reas, mens rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is strict liability?

A

a strict liability crime is one where the Prosecution does not need to prove that the accused had mens rea they only need to prove the act or omission committed (actus reas)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

example of strict liability crimes

A

speeding fines, parking tickets, drink driving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

what is the ‘age of criminal responsibility’?

A

the minimum age a person must be in order to be charged with committing a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

why is there an age of criminal responsibility?

A

There is a minimum age as some people are considered too young to form the intention to commit a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is the minimum age of criminal responsibility

A

under 10 years old

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

can children aged 10-13 be charged with a crime?

A

they can be charged if the Prosecution can prove against doli incapax and knew that their actions were wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

what is doli incapax

A

doli incapax means that no child in the age of 10-13 and under can not form a mens rea and know hwat they are doing is wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what is a crime classified as division A

A

crimes against the person eg. murder, rape,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what is a crime classified as division B

A

crimes against property eg. arson, breaking and entering, theft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

what is a crime classified as division C

A

drug offences eg. dealing, trafficking, manufacturing, possession

27
Q

what is a crime classified as division D

A

public order and security offences. maintain public security eg. weapons and explosive offences, terrorism

28
Q

what is a crime classified as division E

A

Justice procedure offences eg. perjury

29
Q

what is a crime classified as division F

A

Other offences eg. dangerous driving under the influence, travelling without a valid ticket (train)

30
Q

what are the types of offenders or victims?

A

cyber crime, hate crime, organised crime, juvenile crime, white collar crime

31
Q

what is cyber crime?

A

crimes committed using a device eg. online fraud, hacking

32
Q

what is a hate crime?

A

crimes motivated by prejudice and bias against another based on personal characteristics

33
Q

what is organised crime

A

crimes committed in a planned and ongoing manner (gangs) eg. drug trafficking

34
Q

what is juvenile crime?

A

crimes committed by people aged 10-18 years

35
Q

what is white collared crime?

A

crimes committed by people who work in government, or corporate industry eg. investment scams, fraud

36
Q

what are indictable offences

A

Serious crimes generally heard and determined in the higher courts (county and supreme) before a judge and jury

37
Q

What are summary offences

A

minor crimes heard and determined in the Magistrates’ Court by a magistrate eg speeding

38
Q

example of indictable offences

A

murder, rape

39
Q

example of summary offences

A

speeding

40
Q

when can an indictable offence not be heard summarily

A

if it is punishable by more than 10 years imprisonment or a fine greater than 1200 penalty units or without the consent of the accused

41
Q

Why would the accused consent to having their indictable offence charges heard summarily?

A

These hearings are generally cheaper and quicker
An accused may receive a lesser punishment - there is a limit on the maximum term of imprisonment a magistrate can impose (two years for a single offence and five years for multiple)

42
Q

what is a principle offender?

A

Is the person who directly committed the crime

43
Q

how is somebody involved in a crime?

A

If they directly help plan and encourage someone to commit a crime or if they help and encourage knowing another crime will have to occur or make an agreement with someone to commit a crime

44
Q

what is an accessory?

A

a person who knowingly assists another person who has committed a serious indictable offence to avoid being prosecuted.

45
Q

types of unlawful homicide

A

murder, manslaughter, infanticide, child homicide, culpable driving causing death.

46
Q

What is murder?

A

the unlawful homicide of another human being with malice aforethought who is over the age of criminal responsibility and of a sound mind

47
Q

what is malice aforethought

A

intention to kill or cause serious injury

48
Q

elements of murder

A

the killing was unlawful, the victim was a human being, the accused was over the age of discretion, the accused caused the victims death, the accused was of a sound mind, there was malice aforethought

49
Q

Possible defences to murder

A

self defence, mental impairment, duress, unwilling intoxication

50
Q

common law role in developing murder

A

the definition and elements are found in common law

51
Q

statute law role in developing murder

A

the penalty and defences to murder are found in section 3 Crimes Act 1958 (Vic)

51
Q

statute law role in developing murder

A

the penalty and defences to murder are found in section 3 Crimes Act 1958 (Vic)

52
Q

statute law role in developing murder

A

the penalty and defences to murder are found in section 3 Crimes Act 1958 (Vic)

53
Q

what is manslaughter

A

the unintentional killing of another human being

54
Q

what is infanticide

A

a mother killing their child under the age of 2 because of mental illness after the birth of their child

55
Q

what is child homicide

A

the un lawful killing of a child

56
Q

what is child homicide

A

the un lawful killing of a child

57
Q

what is culpable driving causing death.

A

killing somebody whilst driving recklessly or under the influence willingly

58
Q

What is rape

A

the intentional sexual penetration of another person, without their consent

59
Q

What is rape

A

the intentional sexual penetration of another person, without their consent

60
Q

elements of rape

A

sexual penetration, lack of consent, lack of reasonable belief that consent was given

61
Q

possible defences to rape

A

there was no sexual penetration, the victim consented, mental impairment, the accused reasonable believed the victim was consenting, duress

62
Q

the role of common law regarding rape

A

originally rape was defined in common law

63
Q

the role of statute law regarding rape

A

laws relating to rape are set out in section 38 Crimes Act 1958 (Vic)

Legal (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions