Unit 1 AOS 2 Flashcards
What is the purpose of criminal law ?
Criminal law helps to achieve social cohesion and protect the community by defining laws and sanctions for those who breach these laws
What is the presumption of innocence ?
The right of a person accused of a crime to be presumed not guilty until proven otherwise
What are the elements of a crime ?
The physical element of a crime (Actus reus) The mental element of a crime (mens rea)
What is a crime of strict liability ?
Offences that do not have a mental element. They don’t have a requirement of the mens rea and the prosecution is not required to prove that the accused had the intention to commit the crime
What is the age of criminal responsibility ?
The minimum age a person must be to be charged with committing a crime
- A person under 10 cant be charged with a crime
- A person between 10-13 can be charged with a crime if it is proven the child knew their actions were wrong
-A person aged 14 and over is considered to be criminally liable for their actions and can be charged with a crime
What is the burden of proof ?
The prosecution must present evidence to the court to prove the guilt of the accused, rather than the accused being required to prove their innocence
What is the standard of proof ?
To succeed in a criminal case, the prosecutor is required to present sufficient enough evidence to the court to prove that the accused is guilty beyond reasonable doubt.
Types of crime (against a person)
Homicide (eg. Murder, manslaughter) , assault, sexual offences, dangerous and negligent acts endangering people, stalking, harassment and threatening behaviour
Types of crime (against property)
Arson, property damage, burglary, theft, deception and bribery
What is the difference between a summary offence and an indictable offence ?
An indictable offence is serious crimes generally heard and determined in the higher courts whereas summary offences are minor crimes heard in the Magistrate’s Court
Who is a principle offender in a crime?
A person who has committed the offence an carried out the actus reus, any person who is involved in the crime (anyone who assists, encourages and directs another person to commit the crime)
Who is an accessory to a crime ?
A person who assists a principle offender AFTER the crime has been committed
Possible defences to crimes
Self defence, automatism, mental impairment, intoxication, accident
What are the elements of murder ?
-The killing was unlawful
-The accused acts were voluntary
- The accused committed acts that caused the victims death
-The accused acted with intent to kill or serious injury
