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102 Cards in this Set
- Front
- Back
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What is the meaning of crime? |
Any act or omission which results in harm to society and is punishable by the state. |
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What is actus rea?
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'Guilty act' |
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What is mens rea and outline the levels of it? |
'Guilty mind' - Intention - Recklessness - Criminal negligence |
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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. |
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What is Causation? |
Proving that there is sufficient causal link between actions of the accused and the result |
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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. |
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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 |
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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 |
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List the six offences against the person
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- Murder - Manslaughter - Infanticide - Death by reckless driving - Assault - Sexual Assault |
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List and outline the two offences against the sovereign |
- Treason (against the government) - Sedition (violation of one's allegiance/ promoting discontent) |
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List the four economic offences |
- Crimes against property - White collar crime - Computer Offences - Fraud |
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List the three crimes against property |
- Larceny - Robbery - Break and Enter |
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List the three White Collar Crimes |
- Embezzlement - Tax Evasion - Insider Trading (buying and selling of company shares) |
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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 |
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What are summary offences? |
Less serious offences, penalties include a bond or fine to a jail sentence up to 2 years |
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What are indictable offences? |
More serious offences- can be tried summarily, punishment is usually imprisonment or hefty fine |
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List the four parties to a crime |
- Principal in first degree - Principal in the second degree - Accessory before the fact - Accessory after the fact |
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List the six factors affecting criminal behaviour |
- Psychological Factors - Social Factors - Economic Factors - Genetic theories - Political Factors - Self Interest |
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Outline situational crime prevention and social |
Situational: Aims to make it more difficult for criminals to carry out a crime, decreases rewards of crimes, removing opportunities. Social: Addresses underlying social factors such as home environment and poor school attendance |
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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) (LEPRA) |
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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 |
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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 |
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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 |
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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 |
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What is Original and Appellate jurisdiction? |
- Original jurisdiction - hear a matter for the first time - Appellate jurisdiction - review matters on appeal from another court |
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Outline pros and cons of the Adversarial system |
Pros: - Allows each party equal opportunity, less prone to abuse and bias - Jury is impartial Cons: - Potential imbalance in resources and skill - Juries may not understand technical cases |
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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 |
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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 |
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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 |
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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 |
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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 |
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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) |
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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 |
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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 |
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List the six complete defences to criminal charges |
- Mental illness or insanity - Involuntary behaviour or automatism - Mistake - Self-defence or necessity - Duress - Consent |
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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 |
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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 |
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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 |
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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) |
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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. |
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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) |
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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 |
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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 |
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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 |
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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 |
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Outline the two types of appeals |
Appeal against conviction - did not commit the offence Sentence appeal - appeal against severity or leniency of sentence |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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) |
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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 |
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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 |
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What legislation sets out procedures and operation of the Children's Court? |
Children's (Criminal Proceedings) Act 1987 (NSW) |
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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 |
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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 |
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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) |
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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. |
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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 |
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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 |
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Define international crime |
A broad term covering and crime that is punishable by a state, that has international origin or consequences |
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Define Universal Jurisdiction |
States taking action to people committing crimes which have been universally condemned because they infringe universal values |
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List the two categories of International crime |
- Crimes against the International Community - Transnational crimes |
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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 |
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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 |
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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 |
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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 |
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Outline three domestic measures in dealing with international crime for transnational crimes |
- Australian Federal Police - Australian Crime Commission - Australian Customs and Protective Services |
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Evaluate the effectiveness of domestic measures |
- Limited by jurisdiction - Cannot operate in foreign country |
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Outline three international measures in dealing with international crime for crimes against international community |
- International Criminal Court - Extradition - surrendering a suspect - Bilateral agreement |
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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. |
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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) |
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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 |
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Define human rights |
Basic rights and freedoms belonging to all human beings. They are considered universal, inalienable, and inherent in all people. |
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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 |
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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) |
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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 |
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Outline Universal education |
Free and compulsory education for all children. Not just wealthy and powerful Industrialisation between European countries for literate and education population |
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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 |
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Outline environmental rights |
Relate to many existing rights- right to life, health and property Global warming, Spread of epidemic, marine pollution- Rio Declaration (1992) |
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Outline peace rights and legislation |
Right to peace Declaration on the Right of Peoples to Peace 1984- UN General Assembly |
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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 |
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What is International Bill of Rights |
Western European and American state rights with communist country rights merged |
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Outline International Covenant on Civil and Political Rights (ICCPR) |
1976 - Equality between genders - Right to life - Right to freedom fo movement - Right to a fair trial |
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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 |
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Outline state sovereignty |
The authority of an independent state to govern itself without any external interference |
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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 |
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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 |
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Outline the millennium development goals |
Millennium Declaration - Eradicating extreme poverty and hunger - Universal education - Gender equality - Reducing child mortality - Environmental stability |
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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 |
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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 |
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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 |
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Outline the use of media in HRs |
'Naming and shaming' Bob Marley: 'Get up and stand up' song |
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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 |
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Role of common law in HRs |
Does not offer absolute protection as common law can be removed if they conflict with Acts of Parliament |
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Role of statute law in HRs + legislation |
Protect human rights as a result of international treaties and obligations Racial Discrimination Act |
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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 |
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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 |
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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 |
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Arguments for and against Charter of Rights |
For - Redressing inadequacy of existing human rights - Reflecting Australian values - Protecting the marginalised and disadvantaged Against - Current human rights protection is adequate - Undermines tradition of parliamentary sovereignty - Rapidly updating values |
