unit 1 area of study 2 crim A Flashcards
purpose of criminal law
protect individuals, society, property and justice
What is a crime
An act or omission that violates an existing law
Causes harm to an individual or society
is punishable by law
actus rea
the ‘guilty act’ the physical element of the crime
Mens rea
The ‘guilty mind’ the mental element of the crime
presumption of innocence
right of all accused to be treated as innocent until the charge has been proven
criminal burden and standard of proof
burden: prosecution have to prove accused committed the crime
standard: Beyond reasonable doubt
examples innocence being upheld
being able to apply for bail
seek legal representation
any priors not revealed to jury
examples of innocence being limited
limited to protect community from people who committed serious offence
summary offences
less serious offences
magistrates court
summary offences act 1966 (vic)
no jury
indictable offences
more serious offences
county and supreme court
judge and jury plead NG
crimes act 1958(vic)
Indictable heard summarily
some indictable offences are able to be heard in mag court eg when crim damage and theft less than $100000
principal offender
person who commits the offence
However do not have to be present to be one if they intentionally assisted encouraged or directed one to commit
accessory
Knows or believes someone has committed a serious indictable offence
acts to prevent arrest prosecution conviction or punishment of person
def of murder
the unlawful and intentional killing of a human being by a person who acted voluntary and without lawful justification
death of a human
the victim must have been a living person not a object, animal or a unborn child
voluntary act
the accused must have had conscious and deliberate control of their bodily movement when committing the act that killed the victim
causation
prosecution must prove a direct link between the accused’s actions and the death of victim
1; be a substantial and operating cause of death
2; made it a natural consequence for victim to seek escape
intervening act
there may be an intervening act that breaks chain of causation
natural event irregular
medical treatment must be so palpably or overwhelming bad
malice aforethought
malice: desire to hurt someone
aforethought: previously in mind (planned)
intentional murder
intended to kill the victim
intended to cause grievous bodily harm
reckless murder
Accused knew their actions will probably or likely kill or grievously injure someone but still commit the act with reckless indifference
defences to murder
cast doubt on one of the elements of murder
raise a specific legal defence to justify actions
self defence
believed their actions were necessary to protect themselves or someone from death or GBH
perceived their actions to be a reasonable response in the circumstances
duress
1: a threat of death or GBH will be carried out unless commit crime
2:committing a crime is only reasonable way to avoid the threatened harm
3: their conduct is a reasonable response to the threat made
sudden or extraordinary emergency
1:sudden or extraordinary emergency involving death or GBH
2:their actions were the only way of dealing with the situation
3:their conduct was a reasonable response to the situation
sanction for murder
max penalty life imprisonment + a non parole period of 25-30 years
trends for murder in vic
recorded murder offences per 100000 has remained relativtly stable
trends for murder in NT
the number of murders recorded per 100000 has increased significantly
impact on victim + family and friends
loss life for victim / psychological harm for family and friends / may have been primary financial provider of family
impacts on society
may feel vulnerable and cautions about where the go / spur community into grassroot activism / murders = strain police and tax payers dollars
impacts on accused
Face a term of imprisonment / accused may experience shame, guilt and remorse
