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38 Cards in this Set

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What two elements does criminal liability depend on?
1. Guilty act (or, from Latin, actus reus). This means that the accused actually committed the offence and did not just think about doing it.

2. Guilty mind (or, from Latin, mens rea). This means that a person must have intended to commit the crime
What are the main features of 'Guilty Act'?
The act, or omission, actually occurred

It was done by the accused

It was voluntary; not committed under force
Name some forms of 'Guilty Mind'? Give examples.
Intending to commit a crime Robbing a bank

Being reckless Drink driving

Being negligent Failing to give someone first aid when they need it
What two groups do Jury's consider unable to form the 'intention' to commit a crime?
minors and the mentally disabled
When sentencing a person, what factors does the magistrate/judge take into account?
guilt plea

circumstances of the crime (the degree of violence)

prior convictions,

the level of hardship (a person who is convicted of drink driving needs their license for work)
Can a case involve both criminal and civil law? If yes, give an example.
Yes. Own example e.g.someone snatches a bag off a woman, and in the process breaks her arm, making it impossible for her to work and also causing considerable pain and suffering.
What are the four reasons for laws?
Protect peoples safety

Protects the freedoms and interests of people

Provide society with order

Produce fair outcomes
What three things to laws do? give examples
Compel us to do things (eg pay for goods in a shop)

Restrict us from doing things (must be 16 to get a learners)

Prohibit us from doing things (rape and murder)
In order for a law to be ‘lawful’ and valid, what three features must it have?
The party that wrote it must have authority to make laws

There must be consequences for breaking the law

The law must help to regulate society and provide order
Why is it say, illegal to murder someone?
because it interferes with their right to be alive
What are the three levels of government in Australia
Commonwealth (federal) government

State Government

Local government
What are the six courts in Australia, in order from least authority to most?
Tribunal, Magistrates Court, District Court, Supreme court, Court of appeal, and High Court
What is the tribunal?
An assembly (including one or more judges) to conduct judicial business.
What is the magistrates court?
The court is the first stop in many criminal and civil actions and deal with minor criminal and civil matters.

The court may also decide to send cases brought before it to a higher court in the court hierarchy.
What is the district court?
The District Court can hear criminal matters, except for offences related to murder and treason. It also has jurisdiction over criminal injuries compensation claims.

The Court’s work is in four areas:

civil

criminal

administrative and disciplinary

criminal injuries
What is the Supreme Court?
It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of AUD 500,000 or more), and hears the most serious criminal matters, including murder, manslaughter and serious drug offences
What is the Court of appeal?
A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment.
What is the High Court?
The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy.

It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States

Interprets the Constitution of Australia.
What areas is the federal government responsible for?
Customs
Status of Women
defence
trade
foreign affairs
veteran affairs
health
justice
What areas are state governments responsible for? What is the unique feature of the Qld government?
consumer affairs
education
emergency services
employment and training police
transport and main roads public health and hospital

It is unicameral; it has only one house
What areas are local governments responsible for?
Ferry and Bus services
Garbage and Sewage
Rates
Recreational Facilities
Traffic
Water Supply
If there is an area that has both state and federal legislation covering it (eg the environment, which government takes precedence?
The federal government
What is the constitution?
The Constitution of Australia is the law under which the government of Australia operates.
What are the three powers under the constitution?
Legislative, Executive, and Judicial.
What is the legislative power?
A governmental deliberative body with the power to adopt laws
What is the executive power?
The branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state.
What is the features of executive power?
The system of courts which administer justice in the name of the sovereign or state, and provide a mechanism for the resolution of disputes.
What is the upper body of Australian federal government, what is the lower, and what is their collective term?
The Senate is the upper of the two houses of the Parliament of Australia.

The lower house is known as the House of Representatives.

Collectively they are known as the ministry
Under what power does the Governor General classify, and what is his role?
Executive Power

Is the representative in Australia of Australia's head of state, Queen Elizabeth II.

The functions and roles of the Governor-General include appointing ministers and judges, dissolving Parliament, giving Royal Assent to legislation, issuing rights for elections and bestowing honours.
What follows the Governor General in executive power?
Government departments
What follows the Legislative power?
The high court, then other federal courts
What are the stages of arrest?
Arrest

Personal Search

Phone call

Formal interview

Fingerprinting

Charged
What are the features of arrest
you may only be arrested if the police have a warrant, or have reasonable cause to suspect you have broken the law.
What are the features of personal searching?
The police require a warrant, unless they suspect drugs, a concealed weapon, or hidden evidence, in which they can perform a pat down search
What are your rights once you reach the police station
you have the right to make a telephone call to a friend or legal representative.
What are the features of the formal interview?
A parent or guardian must be present if you are under 17


You do not have to answer any questions which you don't want to
What are the features on fingerprinting?
Your fingerprints cannot be taken if you are under 10

If you are aged between 10-17, your fingerprints can only be taken if:

a court order is obtained

an indictable offence is involved

a parent or guardian is present.


Police can use reasonable force to take fingerprints
What are the features of charge?
You may be officially charged with the offence


If charged, you will either be released on bail, or held in prison on remand before being brought before a court