• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

102 Cards in this Set

  • Front
  • Back

What is the meaning of crime?

Any act or omission which results in harm to society and is punishable by the state.

What is actus rea?

'Guilty act'

What is mens rea and outline the levels of it?

'Guilty mind'

- Intention

- Recklessness

- Criminal negligence

Outline a case on criminal negligence

R v Thoma Sam; R v Manju Sam

Mother and father charged with manslaughter of their 9-month-old daughter who suffered from eczema. They rejected conventional medical treatment. Court found that it was medically treatable but died from negligence.

What is Causation?

Proving that there is sufficient causal link between actions of the accused and the result

Outline a case on causation.

R v Blaue (1975)

Jehovah's witness was stabbed and refused blood transfusion.

The accused argued link was broken by refusal. -Court found the accused's act was the substantial cause victim's injury.

What is a strict liability offence and list three.

An offence where the mens rea does not need to be proved; just actus rea

- Selling alcohol to minors

- Speeding offences

- Traffic violations

List the seven categories of crime

- Offences against the person

- Offences against the sovereign

- Economic offences

- Drug offences

- Driving offences

- Public order offences

- Preliminary crimes

List the six offences against the person

- Murder

- Manslaughter

- Infanticide

- Death by reckless driving

- Assault

- Sexual Assault

List and outline the two offences against the sovereign

- Treason (against the government)

- Sedition (violation of one's allegiance/ promoting discontent)

List the four economic offences

- Crimes against property

- White collar crime

- Computer Offences

- Fraud

List the three crimes against property

- Larceny

- Robbery

- Break and Enter

List the three White Collar Crimes

- Embezzlement

- Tax Evasion

- Insider Trading (buying and selling of company shares)

Outline the two types of preliminary crimes

- Attempts - attempted but failed or was prevented despite intention. Tried as if they completed the crime

- Conspiracy - two or more people plot to commit a crime together

What are summary offences?

Less serious offences, penalties include a bond or fine to a jail sentence up to 2 years

What are indictable offences?

More serious offences- can be tried summarily, punishment is usually imprisonment or hefty fine

List the four parties to a crime

- Principal in first degree

- Principal in the second degree

- Accessory before the fact

- Accessory after the fact

List the six factors affecting criminal behaviour

- Psychological Factors

- Social Factors

- Economic Factors

- Genetic theories

- Political Factors

- Self Interest

Outline situational crime prevention and social


Aims to make it more difficult for criminals to carry out a crime, decreases rewards of crimes, removing opportunities.


Addresses underlying social factors such as home environment and poor school attendance

What is the role of police powers in the criminal investigation process?

What is the main legislation police are given their powers?

- Investigate crimes

- Make arrests

- Interrogate suspects

- Gather evidence

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)


Outline four aspects of investigating crime

- Gathering Evidence, to support a charge, must be obtained in lawful manner, Evidence Act 1995 (NSW)

- Use of technology, DNA evidence only proves the accused was present

- Search and seizure, LEPRA - police to search and seize and detain without a court warrant

- Use of warrants, legal document from judge

Outline a case about the gathering of evidence

Darby v DPP (2004)

A sniffer dog, Rocky had sniffed Darby's genital area and trousers and kept his nose on Darby's pocket until the police came over. Cannabis and methylamphetamine were discovered. Darby argued it was an unlawful search and the evidence was not admissible due to an illegal search

Outline Arrest, Detention and Charge

- Arrest - LEPRA 2002- may lawfully arrest a person on reasonable ground with warrants

- Detention and Interrogation- can detain suspect for 4 hours and extend 8 hours through warrant

- Release or Charge - after max detention period, police must charge or release suspect unconditionally

Outline Court Attendance Notice, Bail and Remand

- CAN - legal document stating when and where a person must appear in court with the charge

- Bail - temporary release of an accused awaiting trial- police may use wrist and ankle monitoring devices- Bail Act 1978 (NSW)- presumption against bail- why bail should not be denied

- Remand - when bail is denied - usually for violent crime offenders, flight risk

What is Original and Appellate jurisdiction?

- Original jurisdiction - hear a matter for the first time

- Appellate jurisdiction - review matters on appeal from another court

Outline pros and cons of the Adversarial system


- Allows each party equal opportunity, less prone to abuse and bias

- Jury is impartial


- Potential imbalance in resources and skill

- Juries may not understand technical cases

Outline role of judges and magistrates

Both oversees proceedings and maintains order

- Judges - preside over intermediate and superior courts

- Magistrates - preside over hearing in the local court - committal proceedings and bail

Outline role of police prosecutors and DPP

- Police prosecutors - investigates matte and gather evidence, often gives testimony at trial, prosecutes summary offences

- DPP - indictable offences and some summary on behalf of NSW Govt. Don't investigate, but prosecutes with sufficient information

Outline the role of Barristers, Solicitors and Public Defenders

- Solicitor - gives the accused advice, generally specialise in particular areas may represent accused, usually in local courts

- Barristers - presents cases in court, usually higher courts

- Public Defenders - paid public barristers- serious criminal matter for accused granted legal aid

Outline Pleas and Charge Negotiations

Outline Pros and Cons

- Guilty pleas are sentenced straight away and not guilty are defended

- Charge negotiation - DPP and accused, for acceptance of guilty plea in exchange for something else

Pros: Decreases time and cost

Cons: May plead guilty when they are innocent, prosecutors may threaten more serious charges

Outline Legal representation with reference to a case and legislation

Dietrich v The Queen (1992) - Trial without counsel

Legal Aid Commission Act 1979 (NSW)- legal assistance and representation to those who are socially and economically disadvantaged

Outline role of Legal Aid and four availability tests

Legal Aid includes legal representation, 15 minutes of free legal advice and provisions for interpreters

- Means test (earns and owns)

- Merits test (how likely to serve imprisonment)

- Jurisdiction test (state funding)

- Availability of funds test (available funds of state)

Outline Burden of Proof and Standard of Proof

Burden of Proof - the responsibility of the prosecution to prove the case against the accused

Standard of proof - level of proof required - Beyond reasonable doubt

Use of evidence including witnesses

Reference legislation and case

Evidence Act 1995 (NSW) -

Must be relevant to case and legally obtained.

Inadmissible if it is indirect evidence, hearsay or opinion.

Can be real evidence, documentary evidence and witness testimony

Wood v R (2012) - Gordon convicted of murdering his girlfriend Caroline when expert witness testified that Wood could have thrown her body off The Gap but conviction was overturned due to reasonable doubt of his scientific proof

List the six complete defences to criminal charges

- Mental illness or insanity

- Involuntary behaviour or automatism

- Mistake

- Self-defence or necessity

- Duress

- Consent

Outline a case on self defence and duress

Self-defence - R v Zecevic (1987)

Defendant must have reasonable ground to believe their life was threatened, ' proportional and reasonable force'

Duress - R v Williamson (1972)

Defendant disposed of a body while under the threat of death

Outline the two partial defences to murder

- Provocation - Claims that their actions were a direct result of the other person's actions leading them to lose control of their own

- Substantial impairment of responsibility/ Diminished responsibility - Accused suffered from a mental abnormality

Outline a case for each partial defence

Provocation - R v Camplin (1978)

15-year-old boy hit his uncle with frying pan and kill him. Uncle had sexually assaulted the boy and was mocking him

Diminished responsibility - R v Porter (1936)

Porter had fallen into deep depression due to separation from wife. He had not slept for three nights and poisoned his child and preparing to suicide. Actions due to temporary insanity

Explain the burden of proof and the standard of proof for defences

Defendant has burden of proof and the standard of proof is 'on the balance of probabilities' as stated in the Evidence Act 1995 (NSW)

Outline the case/test for insanity and the reform following that

The M'Naghten Test/Rule

M'Naghten attempted to shoot the PM of Britain, missed and shot the PM's private secretary. Claimed he was suffering from insane delusion of being persecuted by the government

Led to insanity plea only applying where accused was not aware of nature or consequence of actions.

Outline the role of juries, including verdicts

Reference legislations

Jury Act 1977 (NSW)

Panel of 12 citizens listen to evidence, apply the law and come to a verdict solely on presented evidence. Only allowed to talk to fellow jurors.

Selection of entire panel or individuals can be challenged- may be peremptory (with no reason)

'Hung jury' needs retrial Jury Amendments (Verdicts) Act 2006 (NSW)

Outline statutory and judicial guidelines

Judges must refer to statutory guideline when sentencing an offender under Crimes (Sentencing and Procedure) Act 1999

Judges use judicial discretion on deciding appropriate punishment using precedent

Guideline judgements and mandatory sentences in place as well

Outline the four purposes of punishment

Deterrence - specific: against individual deterring them from committing further crime, general: making an example of offender to send a message to community

Retribution - punishment considered morally right or deserved

Rehabilitation- Discourage future offences, prevent recidivism

Incapacitation- offender incapable of committing further offences

Outline the two factors affecting a sentencing decision and examples

Aggravating - makes offence more serious (violent nature, victim was vulnerable/minor)

Mitigating - makes offence less severe (offender is young, pleaded guilty, honest remorse

The role of victims in sentencing

Victim impact statement

Voluntary statement written about the impact of the crime- allows family to publicly express grief and anger

Outline the two types of appeals

Appeal against conviction - did not commit the offence

Sentence appeal - appeal against severity or leniency of sentence

Outline the five lesser penalties

- Caution - Formal warning without charge

- Criminal Infringement Notice - notice issued alleging a criminal infringement

- No conviction recorded - offender is declared guilty but does not record conviction

- Fine - A monetary penalty

- Forfeiture of assets - the money or property taken to be covered

Outline the four penalties with conditions or restrictions

- Bond - compulsory condition for a period or time in exchange for more lenient sentence

- Probation - released on condition of good behaviour with supervision

- Suspended sentence - suspended on condition of good behaviour- reinstate original sentence

- Community Service Order - Serve specified hour of work in the community

Outline the four harshest penalties

- Imprisonment - most severe

- Home detention - non-violent offenders

- Intensive Correction Order (ICO) - restricted movement and rehabilitation program- strict conditions - curfew, electric monitoring, RBT

- Diversionary programs - rehabilitation for non-violent drug and alcohol abusers- Drug Court

Outline the two alternative methods of sentencing

Circle sentencing- for adult Indigenous Australians with community members and a magistrate

Restorative Justice - Voluntary conference between offender and victim

Outline the six post- sentencing considerations

- Security classification - max, medium, min

- Protective custody - vulnerable to attack

- Parole - Conditional release after non-parole period

- Preventative and Continued detention- keeping in custody before committing/ remove risk

- Sexual Offenders Registration - database

- Deportation- Migration Act 1958 - migrant that is not a citizen may be deported if convicted

Outline a case on deportation

Robert Jovicic: The stateless man

Migrated to Australia at age of 2, never became permanent citizen. Addiction to heroin- more than 100 criminal offences.

Permanent residency cancelled under the Migration Act 1958- deported to Serbia

Did not know the language, homeless, slept outside the Australian Embassy. Media pressure granted him special purpose visa.

Define doli incapax

Reference legislation

'Incapable of wrong'; children under 10 cannot be held legally accountable for their actions

UN's Convention on the Rights of the Child (CROC)

Children (Criminal Proceedings) Act 1987 (NSW)

Outline a case on rebuttable doli incapax

R v LMW (Corey Davis case)

LMW had pushed Davis into Georges River with the knowledge that he didn't know how to swim and he drowned. In a closed Supreme court, he was acquitted

Outline the rights of children when questioned or arrested

- Identification, name and address

- Questions and Right to silence- not required to respond

- Right to support of a responsible adult

- Searches- no strip searched under 10, 10-18 requires responsible adult

What legislation sets out procedures and operation of the Children's Court?

Children's (Criminal Proceedings) Act 1987 (NSW)

Outline the procedures and operations in the Children's Court

- Conducted in a closed court

- Media cannot publish name of any child unless authorised by court or deceased

- Must consider principles in legislation

- Child must be given fullest opportunity to be heard

- Child must understand proceedings

List the ten types of penalties for children

- Dismissal

- Conviction

- Adjournment

- Bond

- Youth Justice Conference

- Fine

- Probation

- Community Service Order

- Suspended Control Order - good behaviour

- Control Order - Juvenile Justive Centre

Outline the sentencing considerations for Young Offenders

Reference legislation

Children's (Criminal Proceedings) Act 1987 (NSW)

- Social factors

- Rehabilitation (exception for repeated offences of grave adult behaviour)

Outline a case on an appealed sentence

R v GDP (1991)

14-year-old offender and two friends committed serious criminal damage to property. GDP had no prior incident and was well regarded by teachers. Sentenced 12-month custodial sentence. Appealed with 12-month probation order.

Outline three-tiered alternatives to court

Reference legislation

Young Offenders Act 1997 (NSW) - primary diversionary program for rehabilitation

- Warning - notice recorded by police

- Caution - formal recorded alternative with offender admitting to offence receiving 'caution notice'

- Youth Justice Conference - Admits to offence, allows reparations for victims

Effectiveness of Criminal Justice System when dealing with Young Offenders

Rates of detention have decreased since 1981 by over 50%

Average cost of a young person in a Justice Centre is $150,000 but proven intensive rehabilitation programs run for a fraction of that

Young Offenders Act was particularly successful

Define international crime

A broad term covering and crime that is punishable by a state, that has international origin or consequences

Define Universal Jurisdiction

States taking action to people committing crimes which have been universally condemned because they infringe universal values

List the two categories of International crime

- Crimes against the International Community

- Transnational crimes

Outline the types of crimes against international community and the court + legislation that preside over it

Rome Statute gives International Criminal Court jurisdiction over

- Genocide - the Convention on the Prevention and Punishment of the Crime of Genocide (1948)

- Crimes against humanity

- War crimes - Geneva Convention (1864) - torture, willful killing

Define and outline transnational crimes

Crimes that take place across international borders.

- Human trafficking

- Internation fraud and white collar crimes

- International terrorism

- Creating and trafficking of child pornography

Outline case on genocide

Sudanese President Omar al-Bashir

10 war crimes - ICC issued warrant for his arrest for intentionally targeting civilians and crimes against humanity

Found there was enough evidence for a warrant for genocide

Outline three domestic measures in dealing with international crime for crimes against international community

- Rome Statute

- International Criminal Court Act 2002 (Cth)

- International Criminal Court (Consequential Amendments) Act 2002 (Cth) - comply with statute

Outline three domestic measures in dealing with international crime for transnational crimes

- Australian Federal Police

- Australian Crime Commission

- Australian Customs and Protective Services

Evaluate the effectiveness of domestic measures

- Limited by jurisdiction

- Cannot operate in foreign country

Outline three international measures in dealing with international crime for crimes against international community

- International Criminal Court

- Extradition - surrendering a suspect

- Bilateral agreement

Outline a case on extradition

Croatia to appeal to High Court over Dragan Vasiljkovic extradition - The Australian 2010

High Court has granted the Croatian Government special leave to appeal a full federal court decision preventing the extradition of Serbian paramilitary leader to Croatia to face questioning over his alleged involvement in war crimes.

Outline two international measures in dealing with international crime for transnational crimes

- International Criminal Police Organisation (INTERPOL) - improve co-operation with police

- Convetion agaisnt Transnational Organised Crime (trafficking of Persons)

Evaluate the effectiveness of international measure and limitations

- Some states may lack the skills, technology and resources to combat crimes

- Some states may become a target

- The co-operation between states is vital

- Compliance of weaker or poorer states

Define human rights

Basic rights and freedoms belonging to all human beings. They are considered universal, inalienable, and inherent in all people.

Outline the abolition of slavery and abolitionism

Abolition of slave began in the 12th century- first in Iceland

Abolitionism was a political movement aimed at abolishing slavery

Outline trade unionism and labour rights and legislation

Labour rights are rights at work, including rights to safe working conditions, minimum wages, paid leave or joining a trade union.

Trade unions emerged during Industrial revolution due to appalling conditions

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Outline universal suffrage

The right os all citizens to vote in political elections, regardless of status, gender, race or creed.

New Zealand was first to allow indigenous and women equal right to vote

Outline Universal education

Free and compulsory education for all children.

Not just wealthy and powerful

Industrialisation between European countries for literate and education population

Outline self-determination include legislation

The collective right of people of a territory or national grouping to determine their own political status without undue influence from another country

Declaration of the Rights of Indigenous Peoples

Outline environmental rights

Relate to many existing rights- right to life, health and property

Global warming, Spread of epidemic, marine pollution- Rio Declaration (1992)

Outline peace rights and legislation

Right to peace

Declaration on the Right of Peoples to Peace 1984- UN General Assembly

Outline Universal Declaration of Human Rights

Protection of the four freedoms: speech and conscience and freedom from fear and want.

Reaffirm faith in fundamental human rights

What is International Bill of Rights

Western European and American state rights with communist country rights merged

Outline International Covenant on Civil and Political Rights (ICCPR)


- Equality between genders

- Right to life

- Right to freedom fo movement

- Right to a fair trial

Outline International Covenant on Economic, Social and Cultural Rights

- Labour rights

- Right to join trade unions

- Right to adequate standards of living

- Right to education

Outline state sovereignty

The authority of an independent state to govern itself without any external interference

Outline the United Nations organs

- General Assembly- main forum

- UN Security Council- maintenance of international peace and security

- Economic and Social Council- international economic and social cooperation

- UN Secretariat- administrative body

- International Court of Justice- judicial organ

Outline the Responsibility to Protect (R2P)

When serious human rights are abused, international community will call UN to intervene

R2P makes protection of human right an integral part of the responsibility- protecting their populations from these crimes

Outline the millennium development goals

Millennium Declaration

- Eradicating extreme poverty and hunger

- Universal education

- Gender equality

- Reducing child mortality

- Environmental stability

Outline two intergovernmental organisations

Commonwealth of Nations - promotion of democracy, the rule of law and human rights

African Union - peace and security in Africa, promoting democratic institutions, good governance, and human rights

Outline three courts, tribunals and independent authorities

International Court of Justice - hears and judges disputes between states and issues advisory opinions

Internation Criminal Court and ad hoc tribunals - involving serious international crimes

European Court of Human Rights- to apply and protect human rights of citizens in Europe

Outline an NGO

Independent organisation that are without representation of any government

International Committee of the Red Cross - international humanitarian law - victims of armed conflicts

Outline the use of media in HRs

'Naming and shaming'

Bob Marley: 'Get up and stand up' song

Role of the Constitution in HRs

Separation of Powers - Legislature, Executive, Judiciary - people are equally subject to the same law

Division of powers - between Commonwealth and Australian states to effectively protect human rights universally across Australian jurisdictions

Role of common law in HRs

Does not offer absolute protection as common law can be removed if they conflict with Acts of Parliament

Role of statute law in HRs + legislation

Protect human rights as a result of international treaties and obligations

Racial Discrimination Act

Role of courts and tribunals in HRs

Apply, enforce, develop and interpret human rights law

Australian Human Rights Commission investigate complaints into discrimination, public awareness on rights and give advice

Role of NGOs in HRs of Australia

Research and reports on human rights issues, protects individual's rights, shape public and political opinion and expose violations

Outline the role of media in HRs in Australia

'Naming and Shaming' by exposing instances of abuse.

ABC and SBS report on human rights on both a regional and worldwide basis

Arguments for and against Charter of Rights


- Redressing inadequacy of existing human rights

- Reflecting Australian values

- Protecting the marginalised and disadvantaged


- Current human rights protection is adequate

- Undermines tradition of parliamentary sovereignty

- Rapidly updating values