Unit 1 - AOS2 Flashcards
Crime/Offence
An act or omission that goes against criminal law, is harmful to an individual or society, and is punishable by law. For example: arson, murder or drug trafficking.
Offender
A person within a criminal case who has been found guilty, or pleaded guilty, to a crime.
Act
Doing something that breaks criminal law, such as stealing a wallet.
Omission
Failing to do something and hence breaking a criminal law, such as not returning a lost wallet.
Victim
An individual or party that is harmed in a crime.
Purposes of Criminal Law
- Protect individuals
- Protect property
- Protect society
- Promote justice
Right to Silence
The right of an accused to refuse to answer questions or participate in an investigation.
Bail
The temporary release of an accused person while they await trial, usually granted with payment, on the condition that they attend court at a later date.
Conviction
A formal declaration of guilt by a judge or jury.
Mens Rea
A Latin term meaning ‘guilty mind’. The intention or willingness of an accused to commit a crime.
Actus Reus
A Latin term meaning ‘guilty act’. The physical act of committing a crime.
Strict Liability Crime
A crime in which ‘mens rea’ does not have to be proven, such as speeding offenses.
Age of Criminal Responsibility
The age at which a person can be arrested, charged and found guilty of a crime. 10 years old in Australia.
Doli Incapax
A Latin term meaning ‘incapable of evil’
Sanction
The penalty given by a court to a person who has been found guilty of a criminal offense. Usually a fine or jail time.
Summary Offence
A minor offence that is heard in the Magistrate’s court, such as drink driving, speeding, or minor property damage.
Indictable Offence
A serious offence that is heard in the County or Supreme Courts, such as aggravated burglary, drug trafficking or major assault.
Charge
The allegation made by police against the accused in a criminal case. For example: charged with murder.
Remand
The act of placing an accused person in custody while they await trial.
Crimes against the person
An act or omission that causes harm, danger or threat to an individual. For example: assault or stalking.
Crimes against property
Acts that result in the deprivation (removal), damage or destruction of someone else’s property. For example: arson or theft.
Crimes against society
Acts or omissions that do not have a direct victim, but go against societal values and expectations. For example: drug trafficking or littering.
Civil Dispute
A disagreement which takes place between two parties over a civil law. For example: defamation.
Consumer Law
A subcategory of civil law that includes tenancy agreements, sale of goods/services and advertising laws.
Contract Law
A subcategory of civil law that covers the legal agreements between two parties. For example: an employment contract.
Tort Law
A subcategory of civil law that covers wrongs (torts) that interfere with an individual’s rights. For example: negligence, defamation, trespassing and nuisance.
Property Law
A subcategory of civil law that includes wills, building plans and real estate purchases.
Negligence
A civil (but also sometimes criminal) wrong, in which an individual fails to exercise appropriate care over another. For example: an employer failing to put a railing on a dangerous staircase.
Defamation
A civil wrong in which the reputation of one individual is damaged by the written or spoken words of another. For example: a magazine article accusing someone of lying.
Sue
The process of taking legal action against a person or organisation that has breached civil law, with the intention of seeking money. Also known as ‘litigation’.
Compensation
What the plaintiff seeks in a civil case, usually money.
Damages
An amount of money paid by one party to another during a civil dispute.
Injunction
A court order requiring the defendant in a civil case to do/not o something. For example: a landlord renewing a rental period after wrongful eviction.
Remedies
An order made by a court or tribunal, which is designed to solve a civil dispute; damages or injunctions.
Principle Offender
A person who commits, encourages, or is actively engaged in the planning of a criminal offence.
Accessory to a Crime
A person who knowingly assists a principal offender to conceal a serious indictable criminal offence after the crime has taken place.
Murder
The voluntary, intentional and premeditated killing of another person.
Malice Aforethought
A premeditated intention to kill or harm.
Duress
A threat or other action used to coerce someone into doing something against their will.
Automatism
A rarely used criminal defence where an accused argues that they were not in control of their body during the crime (due to a seizure or similar).
How is the presumption of innocence upheld?
Burden of proof (lies with Prosecution)
Standard of proof (beyond reasonable doubt)
Reasonable belief (police must have reason for arrest)
Right to apply for bail (live freely in community before trial)
Right to seek legal representation (given resources available to defend their case)
Right to silence (silence not seen a incriminating)
Previous convictions (not revealed to court)
Indictable offence heard summarily
A less serious indictable offence (such as minor theft) that can be heard in the Magistrates’ Court, on the condition that the accused agrees, the court agrees, and that the offence is punishable by less than 10 years prison or 1200 penalty units.
