Criminal Law

Crime

An act or omission against the law and usually society.

Actus Reus

The act is guilty, immoral and against the law.

Mens Rea

Guilty mind with the intention or knowledge of the crime

Strict Liabilities

Crimes which do not require mens rea

Burden of Proof

On the prosecution. The defendant is innocent until proven guilty.

Standard of Proof

Beyond a reasonable doubt

Summary offences

Minor offences heard at a magistrate’s court (or sometimes county court) without a jury

Indictable offences

Serious criminal offences heard at a county court or supreme court with a jury present

Police duties

To protect and secure evidence and the crime scene.

Information that most be provided police when asked?

Name and address

Warrant

An official court document that grants authority for specific actions, most commonly used by police to arrest an individual, search a location, or seize property.

The right to remain silent

The right where questions from police and self incrimination isn’t mandatory

Types of intimate forensics evidence

• a blood sample

• a sample of pubic hair, including the root if required

• a swab, washing or sample taken from the external genital or anal region of a male or female or from the breast of a female

• a sample of saliva

• a scraping taken from the mouth

• a dental impression

Types of Non-Intimate Forensics Evidence

• a sample of hair, other than pubic hair, including the root if required

• a sample of matter taken from under a fingernail or toenail

• a swab, washing or sample taken from any external part of the body other than the genital or anal region of a male or female or the breast of a female

4 outcomes of being questioned by police

• No further action taken

• Suspect is summoned in court

• Suspect is granted bail

• Suspect remains in custody while awaiting court

Four elements of murder

• Unlawful

• Voluntary: Conscious, knowing, able and aware

• Causation: Direct link between actions and outcome

• Intent: Intent to kill or cause serious harm

Defences to murder

• Self Defense

• Duress

• Extraordinary Circumstances

• Mental Impairment

• Automatism

• Intoxication

Aggravating Factors Examples

• Premeditation (Planning)

• Use of a weapon

• Prior criminal record

• Offenses during bail

• Crime in front of children

Mitigating Factors Examples

• Showing remorse

• Lack of criminal record

• Youth or age

• Pleading guilty early

• Hardship: Tramua or upbringing

The 3 most common types of sanctions

• Fines

• Community-Based Orders

• Imprisonment

Sanction

A penalty, consequence, or coercive measure applied as a result of failing to comply with a law, or order.

5 Purposes for Sanctions

Deterrence: Discourage the offender and the community

Rehabilitate: Help offenders become law-abiding citizens

Denunciation: To disapprove

Punish

Protect: Protect individuals, the community or the offender

Acronym for Sanctions

DRDPP

Types of Deterence

General deterrence: To discourage others from committing similar crimes.

Specific deterrence: Stop the offender from committing the same offence again.

Act with Indictable Offenses

Crimes Act

Act with Summary Offences

Summary Offences Act

Age of Criminal Responsibility

10 Years Old

Rehabilitate

Help offenders become law-abiding citizens

Denunciation

To disapprove