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30 Cards in this Set
- Front
- Back
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Self Defence |
They had a belief it was necessary to defend themselves or another person from harm or injury. Reasonable grounds for belief. |
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Duress |
Threat or harm will be carried out unless they commit a crime. The crime is the only reasonable way to avoid harm. Must not be already engaged in the violent doings of a group. |
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Mental Impairment |
Suffering from a mental illness and did not know what they were doing. Didn't know actions were wrong and couldn't reason like a normal person. |
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Murder |
Unlawful killing The accused over the age of discretion The victim is a human being The accused being of a sound mind The accused caused the victim's death Malice aforethought |
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Malice aforethought |
Intention to kill or inflict serious injury. Reckless indifference. An intention to assault aperson who was trying tomake a lawful arrest,which resulted in thatperson’s death. |
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Manslaughter |
Criminally negligent. Reasonable person would realise their actions would cause serious injury or death. No intention to kill or cause grievous bodily harm. |
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Defensive Homicide |
Acted in response to threat but their actions were unreasonable. |
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Culpable Driving Causing Death |
Driving recklessly: Consciously and unjustifiably disregarding a substantial risk. Driving negligently: Failing to observe a reasonable standard of care. e.g driving while fatigued. Driving under the influence of alcohol or drugs: Extent of incapability. Max 20 years |
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Dangerous Driving |
Casusing death: driving at a speed or in a way that is a danger to the public. Max 10 years Causing serious injury: max 5 years |
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Rape |
Unwanted sexual penetration of the mouth, vagina or anus with a penis, another body part or an object without consent. Max 25 years. |
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Sexual Assault |
Any sexual behaviour that someone has not agreed to that makes them feel uncomfortable, frightened, threatened or intimidated. 5 to 25 years |
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Assault |
Direct or indirect application of force by a person to the body, clothing or equipment of another person without lawful excuse. Results in injury, pain, discomfort, damage, insult or deprivation of liberty. max 5 years |
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Theft |
Dishonestly taking another person's property. Max 10 years Shop theft is including as long as it is under $600. |
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Robbery |
Use of force when stealing. 15 Years Amred 25 years |
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Burglary |
Entering a building with the intent to steal. Committing assault as a trespasser. Damaging a building as a trespasser. 10 years Aggravated 25 years |
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Role of Police |
To serve the community and the law Preserve peace, protect life and property Prevent crime, detect and apprehend offenders Assist victims of crime Assist people in times of emergency |
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Public Order Response team |
Provide rapid respoonse to public order incidents and are trained to deal with volatile and hostile crowd situations. |
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Arrest with warrant |
When a person ignores a summons, has escaped or is in hiding. |
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Arrest without warrant |
• ensure the appearance of the offender in court• preserve public order • prevent the continuation or repetition of an offence or the commission of a further offence • ensure the safety or welfare of the public or the offender. Has committed an indictable offence |
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Search without warrant |
• is committing a serious indictable offence (punishable by five years’ imprisonment or more) • has committed a serious indictable offence in Victoria or elsewhere • has escaped from legal custody. |
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Search |
Can search without warrant after arrest ot if suspect. |
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Detaining |
Must be released within a reasonable time, released on bail or brought before a bail justic or a court. |
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Police Caution |
‘not obliged to say or do anything but anything you say or do may be given inevidence’. |
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Impact on victim |
Physical financial mental |
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Impact on offender and family |
Guilt shame financial |
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Impact on society |
Cost of police and medical care Community feeling unsafe |
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Committal Mention |
Guilty plea- date set for sentencing Not guilty- determine number of witnesses and set a date for full committal hearing. |
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Commital hearing |
Conducted in Magistrates' Court to determine if there is enough evidence to justify a jury in a higher court |
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Hand up Brief |
Written evidence. Witness statements. |
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Directions hearing |
Determine issues on interpretation of law Matters of witnesses, experts and questions of law are discussed to determine the approximate length of the trial Means trial can be continous after jury is empanelled. |
