Criminal Law Class 1A - Crime, Punishment, and Prosecution

This set of vocabulary flashcards covers the foundational concepts of NSW criminal law, including jurisdiction types, the classification of offences, and key legislative frameworks.

Gadigal people

The Traditional Custodians of the unceded lands where the UTS Faculty of Law is situated.

Criminalisation

A course theme exploring the 'normative limits' of the criminal law and how society defines what is considered a crime.

Crimes Act 1900 (NSW)

A foundational statute in New South Wales used to determine statements of law for various criminal offences.

Common Law

A source of law based on case interpretation and application; some offences like manslaughter by criminal negligence exist only here, with statutes merely setting penalties.

Law Enforcement Powers and Responsibility Act 2002 (NSW)

Also known as LEPRA, this legislation governs police powers and criminal procedure in New South Wales.

Common law jurisdictions

For criminal law purposes in Australia, these include New South Wales, Victoria, and South Australia.

Code states

Jurisdictions such as Queensland, Western Australia, Tasmania, the Northern Territory, and the ACT where Criminal Codes have replaced the common law.

Summary offences

Less serious offences determined in the Local Court by a magistrate with no power to sentence more than $2$ years of imprisonment.

Indictable offences

More serious offences that involve preliminary or committal proceedings in the Local Court before being referred to a higher court for trial by judge and jury.

Criminal standard of proof

The legal requirement that the prosecution must prove the case 'beyond reasonable doubt' in both summary and indictable matters.

Section 6 of the Criminal Procedure Act 1986 (NSW)

A provision specifying that offences under any Act that are described as summary, or have a maximum penalty of $2$ years imprisonment or less, must be dealt with summarily.

Section 260 of the CPA

Provides for certain offences listed in Tables 1 and 2 to be dealt with summarily unless an election is made to proceed on indictment.

Table 1 offences

Offences under Schedule 1 of the CPA that are dealt with summarily unless either the prosecutor or the person charged elects to proceed on indictment.

Table 2 offences

Offences under Schedule 1 of the CPA where only the prosecutor has the power to elect to have the matter dealt with on indictment.

Thalia Anthony

A criminal justice scholar who describes First Nations Australians as the most incarcerated population in the world.

U:PASS

A peer-led program (Peer Assisted Study Success) where high-achieving senior students facilitate informal and collaborative study sessions.

NSW Criminal Trials Bench Book

A critical resource published by the Judicial Commission of NSW containing guidance for conducting criminal trials.

Interpretation Act 1987 (NSW)

Legislation used to assist in locating and understanding how other New South Wales statutes should be read and applied.

Prosecutorial discretion

The power of the prosecution to decide whether to charge someone and whether to elect to have certain matters heard on indictment.