Terms for Crimes (t1)

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11 Terms

1

Crime

There is no definition for this term in the Crimes Act

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2

Offence

“a violation or breach of a law, custom or rule, including a public wrong or crime”.

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3

Charge

“a criminal accusation against any person”.

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4

Charging Document

“the paper on which is entered the charge intended to be brought before a District Court Judge”.

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5

Accused person

 “a person formally charged with conduct in respect of which a penalty may be imposed”.

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6

Defendant

“a person charged with an offence. A person is charged when the enforcement officer formally advises him or her of the intention to commence a prosecution and the particulars of the proposed charge”.

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7

Appellant and Respondent

The New Zealand Law Dictionary defines an appeal as “a complaint to a superior court of an injustice or error committed by an inferior court. The party complaining is styled the appellant and the other party the respondent”.

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8

Summary Offence

“less serious offences that can be dealt with in a summary or immediate way by a judicial officer. Summary offences are mainly set out in the Summary Offences Act 1981…”

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9
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10

Indictable Offence

the name formally given to more serious offences, mainly set out in the Crimes Act 1961, which can or must be tried by a more formal process than by summary process.”

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11

Indictment

“a written accusation that a person has committed a certain crime or indictable offence. The term indictable offence has been abolished by the Criminal Procedure Act 2011.”

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