Criminal Law Review

Flashcards based on Criminal Law lecture notes.

What are the purposes of criminal law?

To protect individuals, property, society; maintain public order & security; protect justice & rule of law, rights & cultures; improve society generally.

What is the presumption of innocence?

The right of a person accused of a crime to be presumed not guilty unless proved otherwise.

What is the burden of proof (in the context of presumption of innocence)?

Presenting evidence to prove the guilt of the accused.

What is the standard of proof (in the context of presumption of innocence)?

Sufficient evidence to prove accused is guilty beyond a reasonable doubt.

What is the right to silence?

The accused does not need to answer any questions and is not required to give evidence in court.

What is strict liability in criminal law?

When mens rea does not have to be present.

Give three examples of strict liability offences.

Culpable driving, fare evasion, failing to display 'P-plates'.

What is the age of criminal responsibility?

The minimum age a person must be to be charged with committing a crime.

What does 'doli incapax' mean?

Incapable of evil.

What must the prosecution prove to establish 'actus reus'?

The prosecution must prove they physically did the wrongful action.

What must the prosecution prove to establish 'mens rea'?

The prosecution must prove they knowingly or intentionally committed the wrongful action.

What are summary offences?

Minor offences determined by a Magistrate in the Magistrates’ Court.

What are indictable offences?

Serious offences generally heard in the County or Supreme Court before a judge/jury.

Why might an indictable offence be heard summarily?

The maximum penalty is lower, and is dealt with quickly and with less formality.

Name the possible participants in a crime.

Principal offenders and accessories.

Name two types of crime.

Crimes against the person and crimes against property.

Name some other classifications of crime.

Cybercrime, hate crime, organised crime, juvenile crime, white-collar crime.

What are the six elements the prosecution must prove to establish murder?

The killing was unlawful, the victim was a human being, the accused was over the age of discretion, the accused caused the victim’s death, the accused was of sound mind, there was malice aforethought.

What is 'malice aforethought'?

Intention to kill or cause serious injury to the victim.

What are the three elements the prosecution must prove to establish theft?

The accused appropriated property belonging to another, the accused took the property with the intention of permanently depriving the other of it, and the accused acted dishonestly.

Which section of the crimes act determines that property belongs to anyone who has possession or control of it/who has any other proprietary right or interest in it

Section 71(2) of the Crimes Act

What is a defence to a crime?

A justification or lawful 'excuse' for committing a crime.

Name five possible defences to murder.

Self-defense, mental impairment, duress, intoxication, automatism.

What is required for the defence of duress to be valid in court?

The threat of harm must be a threat to inflict death or significant serious injury.

Name three possible defences to theft.

Accident, they did not take the property, the property that they took did not belong to the person making the accusation.

What is the general impact of crime on individuals and society?

Crime decreases safety, disturbs social order, causes uncertainty and disorder, impedes community cooperation and trust, and has a significant negative economic impact.

What defence involves coercion - under pressure to commit the crime

Duress

What impact does crime have on safety?

Diminishes it

Does statute law override common law?

Always

What must a sudden or extraordinary emergency involve?

Risk of death or seriou injury