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22 Cards in this Set
- Front
- Back
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Define murder |
Murder is the deliberate killing of a person Murder occurs when death is caused with intent (malice aforethought) |
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The 6 elements of murder |
- The killing was unlawful -Malice aforethought existed -The accused was responsible for the victims death -The accused was of sound mind at the time that the murder was committed - The victim was human - The accused was over 10 years od age |
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Maximum sentences |
Manslaughter- 20 Defensive homicide- 20 years imprisonment Culpable driving- 20 years Dangerous driving- 10 years Infanticide- 5 years Child homicide- 20 years Assult- 5 years Incest-25 years Indecent assult- 10 years Rape- 25 years |
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Self defence |
Self defence is when someone uses force to defend themself or another person from death or serious harm |
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Defensive homicide |
Defensive homicide is the act of killing someone, believeing you are protecting yourself or another person, but the amount of force used is excessive |
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Intoxication |
Intoxication is when someone commits a crime under the influence of drugs and alcohol that has been taken involuntarily |
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Automatism |
Automatism is when a person unconsciously commits a crime, due to muscle spasms or sleepwalking |
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Duress |
Duress is when a person commits a crime because they are threatened with death or serious harm |
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Mental impairment |
Mental impairment is when a person commits a crime not knowing what they are doing is wrong due to mental issues |
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Infanticide |
When a mother kills her own baby under 2 years of age due to a mental condition caused by pregnancy |
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Rape |
- Forcing another perosn to have sex without their concent - Rape is intentionally sexually penetrating another person without that persons concent |
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Incest |
Incest occurs when a person has sexualn relations with a member of their immediate family |
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Assault |
Assault is commiting or threatening to make some form physical harm to another person |
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Indecent assault |
Unwanted sexual contact that is less serious than rape Idecent assault is assulting another person in indecent circumstances without that persons concent. Eg. Harrasment or molestation |
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Theft |
Taking a persons property without concent and having the intention to keep forever |
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Robbery |
Using force or the threat of force to steal ( armed robbery involves a weapon) |
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Burglary |
Illegally entering a premesis to steal. Eg. Breaking into a house |
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The difference between an abettor and accessory |
An abettor is the person who helps plan and organise a crime An accessory someone who helps before or after a crime. Eg. Hiding the evidence |
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Key principles of criminal liability |
> presumption of innocence- a person is assumed as innocent until proven guilty by thr court >standard of proof- beyond reasonable doubt, refers to the extent to which a party must prove a case >burden of proof- the prosecution proves a case in court Actus reus- the guilty act >Mens rea- the guilty mind >indictable offences- serious crimes eard by a judge or jury. Eg murder >Summary offences- minor crimes heard in the magistrates court eg. Shoplifting >strict liability crimes- crimes where the prosecution does not have to prove the defendant intended to commit the crime, their actions make them guilty |
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Define manslaughter |
Manslaughter is killing a person even though you did not intend to |
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Child homicide |
When a person kills a child under the age of 6 years old in circumstances that would normally be considered manslaughter . The child is unable to defend themself |
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Culpable driving and dangerous driving |
Culpable driving- causes death through drivinf recklessly or negligently Dangerour driving- driving at a speed or manner that is dangerous to the public |
