Unit 2 i think Flashcards
What are the three defences to murder?
Self-Defence
Duress
Sudden or extraordinary emergency
When is Self-Defence a Defence?
- Believed that their actions were necessary to protect themselves or someone else from death or grievous bodily harm
- perceived their actions to be a reasonable response in the circumstances
When is Duress a Defence?
1.A threat of death or grievous bodily harm will be carried out unless they commit a crime
2. Committing a crime is the only way to avoid the threatened harm
3. Their conduct is a reasonable response to the threat made
When is Sudden or extraordinary emergency a defence?
- There was a sudden or extraordinary emergency involving death or grievous bodily harm
- Their actions were the only way of dealing with the situation
- Their conduct was a reasonable response to the situation
what is murder
the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification
elements of murder
1 accused killed a human being (actual reus)
2 accused acts was voluntary (actual reus)
3 accused’s act caused the death of the victim (actual reus)
4 accused acted w intention or recklessness (malice aforethought/ men’s rea)
5 the killing was unlawful (no valid defences)
what is a principle offender
the person who commits the offence by carrying out the actual reus with the requisite men’s rea
can be considered as PO if they were involved in commission of crime , X have to be at crime scene to be involved assisting, encouraging, directing another to commit an indictable offence,
making an agreement with another person to commit another indictable offence together
What is an accessory
any person who
1. knows or believes that a person has committed a serious indictable offence
2. and then acts to prevent the arrest, prosecution, conviction or punishment of that person
presumption of innocence
refers to the right for all accused persons to be considered and treated as innocent until the charge has been proven by the prosecution beyond reasonable doubt
age of crime responsibility
a person under age of 10 X be charged with crime.
person 10-13 doli incapax applies, means incapable of forming criminal intent (men’s rea) .
unless proven tho through medical or psychological assessments.
person aged 14 can be charged with a crime
Self defence
- believes that their actions were necessary to protect themselves or someone else (family) from death or grievous bodily harm
- perceived their actions to be a reasonable response in the circumstances
Driving
Driving means that a person has substantial control of the movement and direction of the Motor Vehicle
Motor Vehicle
A Motor vehicle is a vehicle that is propelled by a motor and is normally used on a highway
Categories for culpability
- Recklessly- driver is aware that there is a substantial risk that another person could die or be grievously injured and yet consciously and unjustifiably disregards that risk (e.g speeding in poor conditions)
- Negligently- driver fails, to a high degree, to observe the standard of care that a reasonable person would have observed in the same situation (e.g driving while fatigued)
- Under Influence of drugs or alcohol - MUST render driver INCAPABLE of properly controlling the vehicle
What are the Elements of Culpable driving causing death
- the accused was driving a motor vehicle ( Actus Reus)
2.Driving was Culpable (Mens Rea) - Culpable driving caused death of another person (actus Reus)
What are the purposes of Criminal Law?
- Protect Individuals (from physical, psychological and economic harm)
- Protect society ( by defining prohibited behaviours and outlining sanctions to deter people from illegal conduct)
- Protect Property (from harm)
- Protect Justice (by providing proper processes to enforce law and penalise offenders)
What is a crime?
A crime is an actor or omission that violates an existing law that causes harm to an individual or society and is punishable by law
What are the Elements of a crime?
Actus Reus = the ‘guilty act’, the physical element of the crime
Mens rea= the ‘guilty mind’ the mental element of the crime
Who holds the Burden of Proof in criminal Law?
Prosecution
What is the standard of proof in Criminal Law?
Beyond reasonable doubt
How is the presumption of innocence upheld?
Police Investigations allow individuals to have right to silence when being questioned, besides providing their name and address, and police can only collect forensic evidence when they reasonably suspect the person has committed a serious offence
in the Criminal Trial the arrested and charged has the right to apply for bail and await their trial in the community, prosecution bears Burden of Proof and has to establish guilt, accused has right to seek legal rep in court, court can be adjourned until representation is found, prior convictions of accused cannot be revealed in court until sentencing process
How is the Presumption of Innocence Limited?
sometimes presumption is limited to protect community from individuals who have committed a serious and violent offence e.g Counter Terrorism Law makes it more difficult for those who have been previously charged of terrorism to be granted bail when charged with another terrorism offence.
