Unit 1 AOS 2 Flashcards
Discuss the purposes of criminal law
To punish fairly, to discourage offenders, to rehabilitate offenders, removing offenders from society, to sohw that the crime is unacceptable, to protect the community, revenge for society/ retribution.
Explain the presumption of innocence
The presumption of innocence is the right for all accused persons to be presumed innocent until it is proven, beyond reasonable doubt, that they are guilty.
Discuss the concepts of criminal law including elements of a crime, actus reus and mens rea, strict liability, burden of proos and standard of proof
The concepts of criminal law consist of:
Elements of a crime: this is the actus reus and the mens rea
Actus reus and mens rea: The actus reus refers tot the physical elements of a crime and the menss rea refers to the mental element of a crime.
Strict liability: In these cases there is no mental element involved only the actus reus needs to be proved
Burden of proof: This refers to who has to prove the allegation, in a criminal case it is always on the prosecution.
Standard of proof: Refers to the level in which the allegation must be proved, in a criminal case this is beyond reasonable doubt.
Identify types of crimes, such as crimes against the person and crimes against property
Crimes against the person: This includes bodily harm or threat of bodily harm.
Crimes against property: Crimes that involve the taking of items or money and does not include force or the threat of force.
Distinguish between summary offences and indictable offences
A summary offence is minor offences that are dealt with by a magistrate alone. Whereas an indictable offence is a more serious offence, it has to be heard in front of a jury of 12 and it cannot be heard in the absence of the accused.
Heard in county or supreme court
The accused can choose to have certain offences heard summarily
identify possible participants in a crime
Principle offender: The person who actually commits a crime.
Abbetors: A person who aids, encourages, advises, or arranges for someone else to commit a crime.
Accessory: A person who delays the apprehension, prosecution, conviction, or punishment of the principle offender even though they think/know they are guilty.
Abettors can be treated as the principle offender.
In relation to kidnapping describe the possible impact of the offence on individuals in society.
Kidnapping could lead to society feeling unsafe and losing faith in the justice system. The victims family would experiencen trauma and depression, this would also make them scared for themselves and other members of the family. The offender would be experiencing imprisonment, fines, guilt, shame, stress.
in relation to murder describe the the possible impact of the offence on individuals in society.
murder could lead to members of society feeling unsafe, scared, and sorry for the victim. the victims family could be experiencing grief, loss, depression, trauma, and funeral costs. The offender would be experiencing life imprisonment, guilt, fines, shame, stress.
In relation to kidnapping describe the elements of offence
The elements of a kidnapping are that the prosecution must prove Actus reus
Offender must lead, take or entice another person away or detain them
Mens Rea
Offender must intend to gain from the act
In relation to kidnapping describe possible defences
Possible defences for kidnapping are Self defence: the accused was in fear of immediate attack or injury.
Duress: Accused commits a crime as a result of of fear induced by certain threats.
Necessity: The criminal act must have been done to protect the accused or someone else from irrepairable evil or harm.
In relation to kidnapping describe possible sanctions
In Vic kidnapping carries a maximum penalty of 25 years.
In relation to kidnapping describe trends and statistics in vic
Between 1995 and 2004the rarte of kidnapping/ abduction increased from 2.5 to 3.8 victims per 100,000 population. Persons aged 19 or less have a higher chance of being kidnapped compared to persons over 20. Kidnap/ping victims are more likely to be female.
In relation to murder describe the elements of offence
The elements of murder are:
Actus Reus
Killing was unlawful
The accused was over the age of criminal responsibility
The victim was a human being and
that the actions of the accused is what caused the death of the victim (causation)
That the accused person was of sound mind
Mens Rea
Malice aforethought
In relation to murder describe possible defences
Self Defence: The accused admits to killing the victim in hopes to preserve their own life, the accused must prove that their actions were reasonable.
Automatism: This defence refers to the automatic, involuntary actionsof an person thatnare not caused by a disease of the mind.
Intoxication: Gross intoxication is a way of proving that the mens rea cannot be established. Voluntary intoxication is not a defence.
Sudden or Extraordinary Emergency:
The accused must believe that committing the offence is the only way to deal with the emergency; ie putting them out of their misery.
Duress: If the accused murdered the victim as a result or fear induceed by certain threats.
Mental Impairment: This defence applies when the accused can show that they were sufferng from a mental impairment at the time of the offence.
In relation to murder describe possible sanctions
Max penalty for murder is life imprisonment.
