Legal Studies

Front 1

Actus Reus

Back 1

The physical performance or conducted of a crime

Front 2

Mens Rea

Back 2

A person's intention to commit a crime (the guilty mind)

Front 3

Strict Liability

Back 3

The prosecution must only prove actus reus \

Front 4

A summary offence is? (4)

Back 4

- A less serious charge such as drink driving
- Held by a magistrate in local court without a jury

- Brought on a charge called 'summons'

-Penalties no greater than two years in prison

Front 5

An indictable offence is? (5)

Back 5

- An offence society considers to be very serious such as murder or sexual assault.
- A committal hearing is held to ensure there's enough evidence to warrant a trial

- If sufficient evidence is provided a trial with a judge/jury will occur
- Maximum penalty is life imprisonment

- are brought on a charge called an indictment

Front 6

Define Law

Back 6

A set of terms binding on the whole community, that can be enforced and are officially recognised.

Front 7

Legislation/ Statue Law

Back 7

Law made by parliament.

Front 8

Commonwealth (Aust.) consistution

Back 8

A set of rules by which a country or state is run.

Front 9

State consistution

Back 9

Each state has its own constitution. Usually, they are longer than the federal Constitution and are more detailed regarding the day-to-day relationships between government and the people.

Front 10

Common law

Back 10

Judge made law

Front 11

The Acts of Parliament are? (5)

Back 11

- Criminal Code Act 1899 (QLD)
- Police Powers and Responsibility Act 2000 (QLD)

- Penalties and Sentences Act 1992 (QLD)

- Drug Misuse Act 1986 (QLD)

- Youth Justice Act 1992 (QLD)

Front 12

Contemporary Issues is? (4)

Back 12

- Delayed Justice

- High cost of Justice

- Judge only trial
- Media Influence

Front 13

List cases that match up to the contemporary issues.

Back 13

Delayed Justice - Morcombe case
High cost of Justice - Sica

Judge only trial - Patel case
Media Influence - Morcombe case/ Baden Clay

Front 14

How old is Youth in QLD?

Back 14

Regarded up to age 17 (other states 18)

Front 15

Reasons for the age of Youth in QLD

Back 15

Young people are less experienced, vulnerable, should be treated differently/more leniently when punished.

Front 16

Options (sentencing) Available for youth? (3)

Back 16

-Youth conferencing (where guilt is acknowledged but court is avoided)

- Boot camp

- Not being named in the media

Front 17

Elements of (Murder) crime? (4)

Back 17

- Killing with intention to kill

- killing with intention of inflicting grievous bodily harm

- Reckless murder
- Killing while committing a crime of violence (felony murder)

Front 18

Basic elements of Criminal Law? (2)

Back 18

-Actus Reus
- Mens Rea

Front 19

Committal Proceedings

Back 19

Held to determine whether, in the case of more serious criminal offences, there is sufficient, evidence to require the defendant to stand trial. Committal proceedings are generally held before a magistrate, who hears evidence from the prosecution which is recorded and can be used at the trial.

Front 20

Summary Proceedings

Back 20

A proceeding in court where there is no jury present and a summary judgment is handed down.

Front 21

Legal Representations

Back 21

The legal work that a licensed attorney performs on behalf of a client.

Front 22

Definition of Civil Law

Back 22

Deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.

Front 23

Definition of Criminal Law

Back 23

Body of law that deals with crime and the legal punishment of criminal offenses

Front 24

Criminal offences (2)

Back 24

- Summary offences (not as serious)
- indictable offences (more serious)

Front 25

What are some offences against the person (7)

Back 25

- Murder
- Assault
- Breaching an intervention order

- Causing death or harm in dangerous driving
- Criminal Liability nor neglect

- manslaughter

- Stalking

Front 26

Murder: Elements and mandatory sentencing

Back 26

ELEMENT: intention to kill
MANDATORY SENTENCING: life imprisonment, compulsory jail sentence, Duration ranges 15-35 years, parole/ non- parole (minimum)

Front 27

Manslaughter: Elements and mandatory sentencing

Back 27

ELEMENTS: Killed another person unlawfully; circumstances of the case do not constitute to murder
MANDATORY SENTENCING: life imprisonment, causing a death of another by wrongful act, no intention.

Front 28

Assault: Elements and mandatory sentencing

Back 28

ELEMENTS: the unlawful, intentional threat of force or infliction of injury in another person.

MANDATORY SENTENCING: 3 years imprisonment

Front 29

Grievous Bodily harm: Elements and mandatory sentecing

Back 29

ELEMENTS: inflicting an injury upon another person of a very serious nature. Bodily harm that leaves the victim begin permanent injured in some matter, the lost of distinct part or an organ of a body, serious disfigurement, any bodily harm of such nature that if left untreated, would endanger life.
MANDATORY SENTENCING: 14 years imprisonment

Front 30

Rape: Elements and mandatory sentencing

Back 30

ELEMENTS: having carnal knowledge of a person without consent or permission (complete upon penetration)

MANDATORY SENTENCING: life imprisonment

Front 31

Sexual Assault: Elements and mandatory sentencing

Back 31

ELEMENTS: unlawful and indecent assault of another person without his or her consent.
MANDATORY SENTENCING: between 10 years and life imprisonment (depending on the seriousness of the offence)

Front 32

Incest: Elements and mandatory sentencing

Back 32

ELEMENTS: Carnal knowledge of a person offspring or other lineal descendant or sibling , parents, grandparent, uncle, aunt, niece or nephew where the person is aware of the relationship.

MANDATORY SENTENCING: life imprisonment

Front 33

Indecent treatment of a child under 16: Elements and mandatory sentencing

Back 33

ELEMENTS: Unlawfully and indecently dealing with a child under the age of 16 years, or willfully exposing a child under 16 years to an indecent act, film, or other indecent matter
MANDATORY SENTENCING: 14-20 years imprisonment (depending on the age of the child and the relationship between offender and child)

Front 34

Stealing: Elements and mandatory sentencing

Back 34

ELEMENTS: Dishonestly taking the property (that is movable or capable of being moved) of another with an intent to permanently deprive the owner of the thing
MANDATORY SENTENCING: 5 years imprisonment

Front 35

Robbery: Elements and mandatory sentencing

Back 35

ELEMENTS: Stealing something, when directly before, during or directly after the stealing, using or threatening to use actual violence in order to obtain the stolen thing or to overcome resistance to it being stolen
MANDATORY SENTENCING: 14 years imprisonmentIncreases to life if a dangerous weapon is used, or if more than one person is involved, or violence is actually used

Front 36

Burglary: Elements and mandatory sentencing

Back 36

ELEMENTS: entering a dwelling with intent tocommit an indictable offence
MANDATORY SENTENCING: 14 years imprisonment, which increasesto life imprisonment if there is morethan one oender, or if the oence iscommitted at night, or if threatened oractual violence is used, or if the oenderpretends to or is actually armed with adangerous weapon, or if any property isdamaged

Front 37

Drink driving: Elements and mandatory sentencing

Back 37

ELEMENTS: driving while under the influence of intoxicating substance

MANDATORY SENTENCING: the penalties likely to be imposed for an offence of drink-driving depend in part on whether the offence is classified as major or minor the penalties likely to be imposed for an offence of drink-driving depend in part on whether the offence is classified as major or minor

Front 38

Drug laws (4)

Back 38

- Possession
- Producing

- Supplying

- Trafficking

Front 39

Defences (6)

Back 39

- Intoxication (consumption of alcohol or drugs)
-Insanity (state of mental disease)
- Diminished Responsibility (accused does not fully understand what they have done)

- Extraordinary Emergency (not criminally responsible as made or done under such circumstances)

- Duress (forced by a loved one or threaten)
- Accident

Front 40

Provocation

Back 40

They were provoked into committing the assault.

Front 41

Theories of Punishment (4)

Back 41

- Retribution ( form of payback against the offender)

- Deterrence ( deter the offender from re-offending and deters others from committing a crime)

- Rehabilitation ( dedicated to improving, maintaining or restoring physical strength, cognition and mobility with maximized results.)
- Protection of Society (removing someone from the public to protect them)

Front 42

Types of punishment (6)

Back 42

- Fine option orders
- Intensive correction orders
- Fine
- Community service orders
- Probation orders
- imprisonment

Front 43

Police Powers: ARREST

Back 43

- Must tell the arrested person the reason of the offence they are arrested for
- Police must give name, rank and station of the arresting officer
- Can apply for a warrant for person's arrest.

Front 44

Police Powers: RIGHT TO SILENCE

Back 44

- person suspected of committing the crime must give their name

- they are entitled to a lawyer
- suspect does not need to answer questions

- every person who is arrest are given the opportunity to contact a lawyer

- apart from giving their name they have the right be remain silent

Front 45

Right to silence: Terrorism

Back 45

- Have o right to silence
- Australian Government can legally detain you for questioning up to 7 days in secret with no access to a lawyer.

Front 46

Presumption of innocence

Back 46

Innocent until proven guilty

Front 47

Onus and Standard of proof

Back 47

Burden of Prove