Legal Sac 2

Front 1

What is the purpose of criminal law

Back 1

to protect individuals, property, society and promote justice. criminal law reflects societies values about the conduct that community. Regards is unacceptable. He performs a balancing act firstly, to protect the interest of society by bringing offenders to justice or protecting the rights of members of society to act freely criminal law, reflects a community values and imposes sanctions on those who do not behave in a acceptable manner

Front 2

What is the presumption of innocence

Back 2

Those accuse should be treated as innocent as far as possible for example bail

Front 3

What is guilty beyond reasonable doubt?

Back 3

in order to find someone guilty the jury needs complete proof with little doubt. it’s a very high standard of proof.

Front 4

what are the two elements of a crime and what they mean

Back 4

actus reus- guilty act

mens rea- guilty mind

Hint 4

latin

Front 5

What are strict liability crimes?

Back 5

There are some crimes that do not require men’s rea and only actus reus. These turn to be summer offences such as drink-driving

Front 6

What is the age of criminal responsibility?

Back 6

Under 10 year olds cannot commit a crime. 10 to 13 ; Prosecution needs to prove child knew that actions were wrong 14 or older can be charged with a crime

Front 7

What is the burden of proof

Back 7

The requirements of the prosecution to prove the guilt of the accused. the accused has the right to legal representation silence an appeal

Front 8

What is the standard of proof?

Back 8

Proof beyond reasonable doubt

Front 9

What are the two types of crimes against a person and against property?

Back 9

Indictable and summary offences

Front 10

What are indictable offences? What are summary offences?

Back 10

Serious crimes, heard in the county or Supreme Court, verdict by jury and sentenced by judge

Front 11

What are indictable offences heard summarily? What are summary offences? Where are they heard? And who determines the sentence

Back 11

The law allows for some serious crimes to be heard, and determined by the magistrates court, as if they were minor crimes

Front 12

What are summary offences? Where are they heard? And who sentences?

Back 12

There are minor crimes heard in the magistrates Court, verdict and sentence by magistrate.

Front 13

what are the possible participants in a crime?

Back 13

Principal offenders, and accessories

Front 14

What is the difference between a principal offender and an accessory?

Back 14

Principal fender is a person who committed the offence and carries out actus reus. People who assist with the planning or encourage the act to occur are also principal offenders

An accessory is a person who assists a principal offender after crime has been committed to be an accessory. A person must believe or know that the offender has committed a serious indictable offence.

Front 15

What are two criminal offences?

Back 15

Murder and minor theft

Front 16

What are the elements of murder?

Back 16

1. the killing was unlawful.

2. the victim was a human being.

Three. The accused was a person over the age of discretion

Four. the accused caused the victims death

Five. The accused was a person of sound mind

Six. There was malice, aforethought.

Front 17

What are possible defences to murder

Back 17

All six elements must be proven by the prosecution beyond reasonable doubt the accused may therefore argue that one or more of the elements are missing

Front 18

What is the role of statute and common-law in developing the elements of murder?

Back 18

Common-law-murder is an old common-law offence, the definition, elements and some defences have been established at the years by courts

Statute law -the penalty for murder is established by parliament. All defences are set out including those set out by common-law

Front 19

what are the possible impacts of the offence on individuals and society?

Back 19

Impact on the victim and their family-loss of life and disruption to family life.

Impact on the community-cost of publicly funded medical treatment – increase need for police fire, and emergency services

Front 20

What are three elements of minor theft

Back 20

One. The accused appropriated property belonging to another.

Two The accused took the property with the intention of permanently depriving, the other of it.

Three. The accused acted dishonestly

Front 21

What are possible defences to minor theft?

Back 21

The accused may argue, one or more of the three required elements are missing

Front 22

What is the role of statute law and common law in developing the elements of minor theft?

Back 22

Common law – in Australia and the United Kingdom. The courts have developed common law principles regarding what is meant by the term’s permanently deprive, property and appropriate

Statute law-the crimes act contains the main provisions relating to theft, and other related offences like burglary robbery and armed robbery.

Front 23

What are trends in statistics in relation to minor theft in Victoria?

Back 23

Self serve checkouts have made retail is a soft target for shoplifting

Front 24

what are possible impacts of minor theft on individuals and society

Back 24

Impact on the victim and their family-the stress of having an item stolen. If it was significant to the victim, insurance premiums payable to the victim can increase mean items are not recovered.

Impact on the community-increased need for police offices, loss of income. for retail was leading to increased cost of items.