LLB106 wk 1

Vocabulary flashcards covering key terms and concepts from Week 1 lecture notes on Queensland criminal law, including offence classifications, court structure, and procedural steps.

Criminal Law of Australia

Body of law governing the content and application of offences under Commonwealth, State and Territory legislation.

Substantive Criminal Law

Part of criminal law that sets out the elements of offences and defences (the “what” of criminal liability).

Procedural Criminal Law

Rules that prescribe how criminal cases are investigated, prosecuted and adjudicated (the “how” of criminal justice).

State v Individual

Criminal proceedings are brought by the State against an accused person, not by one private individual against another.

Aims of Criminal Law

Regulate behaviour, protect people, express community disapproval, and discourage self-help vengeance.

Criminal Law & Morality

Although often overlapping, criminal liability depends on legislation, not merely moral judgement.

Residual Legislative Power

Under the Constitution, criminal law-making primarily belongs to the States because it is not an enumerated Commonwealth power.

Queensland Criminal Code

Principal source of criminal law in Queensland, contained in Schedule 1 of the Criminal Code Act 1899 (Qld).

Offence (CC s 2)

An act or omission that renders the person liable to punishment.

Regulatory Offence

Offence created by the Regulatory Offences Act 1985 (Qld) and other statutes; tried summarily in the Magistrates Court.

Crime (Indictable)

Most serious class of criminal offence (e.g., rape, CC s 349) requiring trial on indictment.

Misdemeanour

Less serious indictable offence than a crime (e.g., wounding, CC s 323).

Simple Offence

An offence not otherwise designated; tried summarily in the Magistrates Court.

Indictable Offence

Collective term for crimes and misdemeanours that are ordinarily tried by judge and jury in higher courts.

Trial Summarily

Hearing of a matter in the Magistrates Court without a jury; available for simple, regulatory and some indictable offences.

Indictment

Formal written accusation initiating trial of an indictable offence in the District or Supreme Court (CC ss 560, 564).

Arrest

Taking a suspect into custody under the Police Powers and Responsibilities Act 2000 (Qld) ss 365-381.

Notice to Appear

Document compelling a person to attend the Magistrates Court at a set time (PPRA ss 382-390).

Complaint and Summons

Written complaint initiating proceedings and a summons requiring attendance (Justices Act 1886 (Qld) ss 53-56A).

Committal Proceeding

Magistrates Court inquiry to decide if sufficient evidence exists to commit an indictable matter for trial.

Ex-Officio Indictment

Indictment presented by the Crown that allows an indictable matter to bypass committal and proceed directly to trial.

Magistrates Court Jurisdiction

Hears simple, regulatory and indictable-triable-summarily matters and conducts committals; handles about 95 % of Qld criminal cases.

District Court Jurisdiction

Tries indictable offences with maximum penalties up to 20 years (and some above), including rape; trials by judge and jury.

Supreme Court Jurisdiction

Can hear any criminal offence; deals with matters outside District Court limits; trials by judge and jury.

Defendant vs Accused

Person is a ‘defendant’ in the Magistrates Court and an ‘accused’ in the District or Supreme Court.