Legal Studies: Proving Guilt

The purpose of criminal law

to protect individuals, property, society and promote justice.

Presumption of innocence

innocent until proven guilty; the right to remain silent is also part of this.

2 elements of crime

actus reus and mens rea.

Actus reus

Wrongful act

Mens rea

Guilty mind

Strict liability

The legal responsibility to a crime even if you are not negligent

Age of criminal responsibility/descretion

Under 12

Burden of proof

The prosecution must prove guilt as accused is assumed innocent until proven.

Standard of proof

The judge/jury must be satisfied beyond a reasonable doubt to prove guilty

Indictable offences

Serious criminal offences heard before a judge & jury

Summary offences

Minor criminal offences heard before a magistrate

Causation

Actions that contributed significantly and substantially to a person's death.

Possible defences to murder

self defence, mental impairment, duress, sudden or extraordinary emergency.

Involuntary actions (defences cont.)

intoxication (only for homicide and must be involuntary), automatism, accident

Manslaughter

Killing another person without malice aforethought

2 types of manslaughter

Involentary and volentary

Calpable driving

Driving a car recklessly, negligently, or under the influence of drugs/alcohol and resulted in serious injury or death.

2 elements of calpable driving

The accused was driving, caused death or serious injury

Calpable driving defences

Duress, sudden or extraordinary emergency, automatism

Child destruction

The death of a foetus more than 28 weeks old

Infanticide

When a mother kills her child within 12 months of birth, caused by mental/chemical disturbance as a result of birth

Assault

Causing injury and use of force (includes threat/s of violence)

Theft

The act of stealing something that belongs to someone else

Robbery

Stealing with the use of force

Burglary

Unlawfully entering a building to: steal, assault someone, or damage property

Involentary Manslaughter

Death results from actions that were intended to harm but not to kill

Volentary manslaughter

Actions were intdended to cause death but occurred in a heat of passion or due to provocation

Homicide

Unlawfully killing

4 elements of Murder

Person of sound mind, age of discretion, unlawfully kills, any reasonable creature in being.

The main reasons for a hierarchy

To provide the right of appeal, to allow for specialisation, for administrative convenience to allow precedent to operate.