Yr 11 Legal Studies Unit 1 AOS 2

A Crime

is an act or omission that is against an existing law, harmful to an individual or society as a whole and punishable by law.

Principles of Criminal Liability

Elements of a crime

Presumption of Innocence

Standard and Burden of Proof

Age

Participants in a crime

Actus Reus

Wrongful Act

Mens Rea

Guilty Mind

Burden of Proof (Criminal)

Lies with the prosecution

Standard of Proof (Criminal)

Beyond Reasonable Doubt

Burden of Proof (Civil)

Lies with the Plaintiff

Standard of Proof (Civil)

Balance of Probabilities

Doli Incapax

Lacking ability to be guilty of an offence. Children under the age of 10 cannot be charged with a crime.

Types of Crimes

Crimes against a person - murder

Crimes against the state - treason

Crimes against property - vandalism, arson

Crimes against morality - prostitution

Crimes against the legal system - perjury

Accessory Before the Fact

Plans but does not take part in crime

Principle 1st Degree

Actually commits crime

Principle 2nd Degree

Participant in crime but not at crime scene

e.g. drove get away car

Accessory After the Fact

Hides criminals from police

Indictable Offence

a serious offence (murder)

Summary Offence

a minor offence (traffic infringement)

Homicide

refers to the death of an individual

Murder

'A person of sound memory and discretion unlawfully kills any reasonable creature in being and under the Queen's peace with malice aforethought either express or implied.'

Manslaughter

when the accused person killed another under provocation (defensive homocide) or in self defence

Infanticide

When a women kills her own child. By reason of mental disturbance resulting from the effect of giving birth or lactation (breast feeding).

*Mental disturbance = Post natal depression

Culpable Driving

Incorporates:

Driving recklessly: consciously and unjustifiably disregarding the risk of death

Driving negligently: failing to observe a standard of care

Driving under the influence of alcohol

Driving under the influence of drugs

Assault

The unlawful interference with another person through the application of the threat of harm.'

Theft

dishonestly acquiring property belonging to another with the intention of permanently depriving the other of it.

Sexual Offences

Rape

Indecent assault

Incest (family)

Sexual offences against young people eg. child pornography

Sexual offences against a person with a mental impairment

Robbery

theft that involves force or a threat of force. Armed-robbery involves the use of a weapon

Burglary

any time you enter a property without permission with the express intent to remove items.

Self Defence

You must believe:

The act was necessary to defend yourself or someone else from harm

Had reasonable grounds for this belief

The force you use must not be greater than the force the attacker uses. Eg. if someone attacks you with their fist you cannot shoot them with a gun.

Defensive Homicide

If you cannot prove you acted in response to a threat but the court finds the threat not to be reasonable then the person is guilty of defensive homicide.

Provocation

When the accused has been confronted with strong words or violent actions that in turn provoke them to retaliate.

Mental Impairment

To use this defence, an individual must at the time:

Be unaware of the nature or quality of the conduct

Be unaware that their actions are wrong

Consent

To use this defence, the injured party must be aware of the risk associated with that activity eg. playing footy, bungee jumping etc.

Use of Drugs and Alcohol

To use this defence, you must prove you were under the influence of drugs or alcohol. This defence is not used commonly

Necessity

Is the criminal defence when the accused argues that harm had to occur in order to help others. eg. a captain of a sinking vessel orders passengers to abandon the ship knowing there are not enough lifeboats.

Automatism

To use this defence it must be shown that the accused actions were not being controlled by their conscious mind. Eg. sleep walking, hypnosis