Study your flashcards anywhere!

Download the official Cram app for free >

  • 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
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/47

Click to flip

47 Cards in this Set

  • Front
  • Back

Actus Reus

The physical performance or conducted of a crime

Mens Rea

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

Strict Liability

The prosecution must only prove actus reus \

A summary offence is? (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

An indictable offence is? (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

Define Law

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

Legislation/ Statue Law

Law made by parliament.

Commonwealth (Aust.) consistution

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

State consistution

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.

Common law

Judge made law

The Acts of Parliament are? (5)

- 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)

Contemporary Issues is? (4)

- Delayed Justice


- High cost of Justice


- Judge only trial
- Media Influence

List cases that match up to the contemporary issues.

Delayed Justice - Morcombe case
High cost of Justice - Sica


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

How old is Youth in QLD?

Regarded up to age 17 (other states 18)

Reasons for the age of Youth in QLD

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

Options (sentencing) Available for youth? (3)

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


- Boot camp


- Not being named in the media

Elements of (Murder) crime? (4)

- Killing with intention to kill


- killing with intention of inflicting grievous bodily harm


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

Basic elements of Criminal Law? (2)

-Actus Reus
- Mens Rea

Committal Proceedings

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.

Summary Proceedings

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

Legal Representations

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

Definition of Civil Law

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

Definition of Criminal Law

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

Criminal offences (2)

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

What are some offences against the person (7)

- Murder
- Assault
- Breaching an intervention order


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


- manslaughter


- Stalking

Murder: Elements and mandatory sentencing

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

Manslaughter: Elements and mandatory sentencing

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.

Assault: Elements and mandatory sentencing

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


MANDATORY SENTENCING: 3 years imprisonment

Grievous Bodily harm: Elements and mandatory sentecing

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

Rape: Elements and mandatory sentencing

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


MANDATORY SENTENCING: life imprisonment

Sexual Assault: Elements and mandatory sentencing

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)

Incest: Elements and mandatory sentencing

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

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

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)

Stealing: Elements and mandatory sentencing

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

Robbery: Elements and mandatory sentencing

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

Burglary: Elements and mandatory sentencing

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

Drink driving: Elements and mandatory sentencing

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



Drug laws (4)

- Possession
- Producing


- Supplying


- Trafficking



Defences (6)

- 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

Provocation

They were provoked into committing the assault.

Theories of Punishment (4)

- 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)

Types of punishment (6)

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

Police Powers: ARREST

- 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.

Police Powers: RIGHT TO SILENCE

- 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



Right to silence: Terrorism

- 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.

Presumption of innocence

Innocent until proven guilty

Onus and Standard of proof

Burden of Prove