Unit 1 AOS 2 - The Presumption of Innocence Flashcards
What is a strict liability offence?
Is an offence in which the mens rea, (guilty mind) does not exist, or does not have to be proven in relation to the actus reas (guilty act.)
What is the age of discretion?
- 10 and under cannot commit a crime
- 10-14 have to be proven of intent
- 14 and above have full criminal responsibility
What is the actus reas?
The guilty act, or the crime itself.
What is the mens rea?
The guilty mind, or the intent a person had before a crime.
What is the burden of proof?
Refers to the responsibility that lies with the prosecutor, or defendant who is bringing the case. It is the duty placed upon them to prove or disprove someone’s guilt or innocence, and it is not up to the accused to prove their innocence, but the prosecution must prove that their facts are correct.
What is the standard of proof?
The standard of proof refers to the strength of evidence needed to prove a case. In a criminal case, the prosecutor must prove a case beyond reasonable doubt to the jurors. The standard of proof in civil disputes is the balance of probabilities
What are the five types of crime?
- crime against the person (assault)
- crimes against property (stealing assault)
- crimes against the legal system (perjury/ contempt)
- cybercrime (bullying on the internet)
- hate crime (race, gender or sexual orientation of a person.)
What are summary offences?
Are minor crimes that are heard in the magistrates court (traffic offences)
What are indictable offences?
Are serious crimes that are tried before a judge and jury of 12, in either the county or supreme court.
What are indictable offences heard summarily?
Are serious offences that can be heard in the magistrates court.
Define culpable driving.
Is the act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner or under the influence of alcohol or drugs.
What are possible defences of culpable driving?
- the accused was not driving the car
- the driver was not culpable, (was not reckless, negligent or under the influence of drugs or alcohol.)(due to unexpected and unpredictable medical failure, poor environmental condition or road conditions.)
- duress (believed there was a serious threat that could only be stopped by culpably driving)
- sudden and extraordinary emergency
- involuntary actions (automatism, sleepwalking, concussion)
What is the role of law in developing culpable driving?
The role of the courts in relation to culpable driving is to interpret the legislation created by the parliament (statute law) and apply it to the facts of the case before the court. Culpable driving is defined in a statute, and have been defined in a statute and has been refined through statutory interpretations. For example automatism is a common law defence that may be used in cases of culpable driving.
What are two trends of culpable driving?
- Between April 2016 and March 2017, the number of deaths on our roads has decreased by 8.4% as a result of strict driving laws.
- Over the past five years, there has been no trend of increase or decrease in the number of culpable driving offences.
What are the impacts of culpable driving?
Impacts on the offender - medical treatment cost (if injured) - guilt or shame in causing a death - legal costs Impacts on victims and their family - loss of life - disruption to family life - trauma, grief, loss and related medical issues Impacts on society - costs of publicly funded medical treatment - need for coronial services - increased need for police, fire and emergency services
What is dangerous driving causing death or serious injury?
Is the act of driving a motor vehicle at a speed or manner that is dangerous to the public having regard to all the circumstances of the case, which results in death or serious injury.
What are the two elements of culpable driving?
- the accused was the driver of the motor vehicle
- the accused culpably caused a person’s death while driving a motor vehicle
Explain the element of culpable driving where the accused was the driver of the motor vehicle
The accused must have had substantial control over the movement of the motor vehicle.
Explain the element of culpable driving where the accused culpably caused a person’s death while driving a motor vehicle.
Regarding culpability, this means the accused person was driving the vehicle recklessly, negligently or under the influence of alcohol or drugs to the extent of being incapable of having proper control of the vehicle.
Define murder
Murder is the unlawful killing of another person with maliceforethought
What are the six elements of murder?
- the killing was unlawful
- the victim was a human being
- the accused was a person over the age of discretion
- the accused caused the victims death
- the accused was a person of sound mind
- there was maliceaforethought
Explain the element of murder: the killing was unlawful
This establishes that the accused did not have a lawful reason for causing the other person’s death.
Explain the element of murder: the victim was a human being
The victim must be a living person who has been born.
Explain the element of murder: the accused was a person over the age of discretion
The accused must be at least 10 years of age. The law presumes that people under 10 are incapable of forming the intent to commit a crime.
