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46 Cards in this Set
- Front
- Back
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Actus Rea and Mens Rea |
Actus Rea: Guilty act
Mens Rea: Guilty mind |
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Assault |
The direct or indirect application of force by a person to the body, clothing, or equipment of another person, where the application of force is without lawful excuse and intentional or reckless, and results in bodily injury, pain, discomfort, damage, insult or deprivation of liberty. |
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Homicide |
The killing of a person; murder, manslaughter, infanticide, and child homicide are unlawful are unlawful homicides. |
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Indictable offences |
More serious offences which can be heard in front of a judge or jury. |
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Strict liability crime |
A crime where there is no need to prove intention to commit the crime |
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Summary offence |
Minor offence heard in the Magistrate's court |
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Causation |
The act of the accused must have contributed significantly to the death, but it is unnecessary for the act to be the sole cause of death for it to be murder. |
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Principles of Criminal Liability |
1.The presumption of innocence 2. The burden and standard of proof 3. Age of criminal responsibility 4. Participants in crime |
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Principles of Criminal Liability (1) |
Burden of proof & Standard of proof The prosecution has to prove the accused is guilty (onus of proof). Must be proved that the alleged offender is guilty beyond reasonable doubt. Reasonable: What the average person would believe to be the case; the evidence is looked at in a logical and practical manner. |
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The presumption of innocence |
A person is deemed innocent until he/she is proven guilty. Everyone is entitled to be treated as innocent. Only can be proved guilty if there is enough evidence - beyond reasonable doubt. Rules of natural justice - everyone is given a reasonable opportunity to put case forward, heard by unbiased, independent decision maker |
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Age of Criminal Liability |
It is presumed that a child less than 10 cannot make form intention to commit a crime. Also assumed that 10 to 14 one is mentally incapable of committing a crime. Doli incapax Can be overturned if it can be shown that they had mischievous disposition & knowledge of that he/she was doing wrong |
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Participants in a Crime |
Anyone who aids, abets, counsels or organises a an indictable or summary offence is to be treated as if he/she was the main offender. It is an offence to encourage, assist, give advice to, organise the commission, and knowingly concealing information about the committing of a crime. |
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Murder |
Unlawful killing of another with malice aforethought, by a one of sound mind who is the age of discretion. - Victim was a human - The accused caused the victim's death |
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Attempted murder |
A person who attempts to commit a serious crime in guilty of an indictable offence of attempting to commit that offence. Must show: intended to commit the murder, believed that the murder was to take place, been more than merely planning to commit the murder and been immediately connected to committing the murder |
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Manslaughter |
Applies where death occurs due to criminal negligence or an unlawful and dangerous act. Criminal negligence: Must owe victim duty of care. Accused actions or inaction fall below expected standard of care by a reasonable person in same situation |
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Manslaughter (2) |
Unlawful and dangerous acts: The actions of the accused were unlawful and so dangerous that it was highly foreseeable that it would cause serious injury or death. Must be proved beyond reasonable doubt that: the physical act (that killed) was intentional, unlawful (a crime committed without lawful excuse), dangerous and not act of self-defence |
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Infanticide and Child Homicide |
- Mother kills a child under 2 from mental condition caused by side effects of child's birth. - A person who kills a child under 6, that would normally be called manslaughter |
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Self-defence |
Accused must prove they: - Had a belied it was necessary to act to defend themselves or another person from serious injury - Had reasonable grounds for this belief |
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Duress |
Accused must show that there was an extremely serious threat to themselves or their family (death/serious injury) of the accused or their family.
- Threat/harm occurs if crime not committed - Only reasonable way to avoid threatened harm - Their conduct a reasonable response to threat |
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Sudden or extreme emergency |
- There is a sudden emergency/situation - Their actions are the only reasonable way of dealing with emergency situation - Their conduct is a reasonable response to the emergency situation. Murder cases - risk of death or extremely serious injury |
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Mental impairment |
(Insanity). The person suffering from a mental illness during crime: - Did not know what he/she was doing b/c of little understanding of the nature and quality of their actions - Did not know the conduct was wrong or could not reason, or think about, their conduct like an ordinary person |
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Automatism |
Involuntary - Accused must prove no intent - Involuntary: Done by muscles without any control of the mind (spasm) - Done by a person who was not conscious of what they were doing (concussion/sleepwalk) |
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Intoxication |
So intoxicated that they cannot form an intention to commit crime. Compare belief's or actions to a reasonable person. Not self-induced if: - Involuntary - Reasonable mistake, accident, duress/force - Prescription drug side effects (didn't know) - Non-prescription medication ^^^^^^^^ |
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Accident
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An accused claims that death was an accident, they did not possess a guilty mind.
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Take your victim as you find them |
If victim dies as result of an injury inflicted by offender because of unexpected vulnerability, causal link is not broken. Offender will be seen to have caused death, can be liable for murder charges, if malice aforethought exists, or manslaughter. |
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Unlawful & Lawful Homicide |
Unlawful distinguishes murder from lawful killing. Accused has no lawful reason for causing death unless: death penalty, soldier/enemy, self-defence. |
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Malice aforethought |
Intention to commit crime (mens rea). Accused acted voluntarily. Intention to kill or inflict serious injoury. |
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Reckless indifference |
Accused knows it is probable that their actions will cause death and/or serious injury to another, and they are indifferent to this act
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Rape |
Unwanted sexual penetration of vagina, mouth, or anus of another by a penis, other body part or object. Without person's consent where one is compelled. |
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Sexual assault |
Any sexual behaviour that makes another feel threatened, intimidated, uncomfortable or frightened - physical or emotional force. An abuse of power. |
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Child pornography |
Illegal to possess child pornography or invite one under 18 to be involved in the making of it. Film, photograph, publication or computer game of a minor engaging in sexual activity or depicted in a sexual manner/context. Also happens when one invites or causes a minor to make child porn. |
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Application of force |
Heat, light, electric current or any other form of energy. Application of matter in solid, liquid or gaseous form. Injury includes unconsciousness, hysteria, pain and impairment of bodily function |
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Other offences against a person |
- Intentionally or recklessly causing injury - " "in circumstances of gross violence - Knowingly administering drugs to another person without their consent - Knowingly infecting another person with a very serious disease - Threatening to kill/injure another |
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Other offences against a person (2) |
- Stalking another person - Conduct endangering life of persons - Negligently causing serious injury - Setting traps to kill/injure another whether a trespasser or not - Extortion by making demands on another to threat to kill or destroy property - Performing female genital mutilation,under 18 |
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Intentionally or recklessly causing injury |
Without lawful excuse causes injury to another. Indictable offence. Serious injury includes a combination of injuries. |
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Intentionally or recklessly causing injury in circumstances of gross violence |
A person must not do this, without lawful excuse.
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Necessity |
The accused would use the statutory defence of sudden threat or extraordinary emergency - similar to necessity |
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Lawful use of force |
Force used was lawful. Use offorce must not be disproportionate with the actions taking place. Consent is given. Use of force to protect another person, escape unlawful imprisonment, prevent crime, protect property, making an arrest, consent, in correction of a child |
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Common assault and aggravated assault
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Culpable driving causing death (1) |
Person responsible for victim's death whilst using motor vehicle. Prosecution must prove: - driving recklessly: consciously and unjustifiably disregarding a substantial risk that death of another person or the infliction of grievous bodily harm or bodily harm at high speed may result to |
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Culpable driving causing death (2) |
- driving under the influence drugs/alcohol to the extent of being incapable of properly controlling a vehicle |
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Defence to driving offences causing death/injury |
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Dangerous driving causing death |
Person drives motor vehicle at speed or in a manner that's dangerous to public and causes death of another - guilty of an indictable offence. |
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Dangerous driving causing serious injury |
In cases where serious injury rather than death is the outcome of dangerous driving, the offender can be charged with dangerous driving causing serious injury. |
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Imminent threat |
Imminent danger is an immediate threat of harm, which varies depending on the context in which it is used. Some laws allow use of deadly force when imminent danger is present. |
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Crime
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An act or omission that is against an existing law, harmful to anindividual or society as a whole and punishable by law. |
