legal studies sac 2

criminal law

body of law that establishes crimes and the sanctions for committing them.

crime

an act or inaction that is punishable by law. they are typically crimes against the person, morality, property, the legal system, and the state.

presumption of innocence

the assumption that the accused is innocence unless proved otherwise, beyond reasonable doubt.

how is the presumption of innocence upheld? (4 examples)

burden of proof, standard of proof, bail, and appeals

3 principles of justice and how they are upheld

1) fairness: all people should be able to partake in the legal system, and its processes should be impartial and fair.

example - open and impartial processes

2) equality: all people engaging with the legal system should be treated equally, unless doing so shall cause disparity.

example - people with mental impairments are given extra aid or people who are not fluent in the language are given an interpreter.

3) access: all people should be able to engage with the legal system on an informed basis.

example - legal aid can be provided to those who cannot obtain it themselves.

2 elements of a crime

1) mens rea (guilty mind): prosecution must prove that the accused was knowingly/intentionally committed the wrongful act.

2) actus reus (guilty act): prosecution must prove that the accused physically committed the wrongful act.

age of criminal responsibility

under 10: cannot be held criminally responsible.

10-13: can be held criminally responsible if doli incapax (incapable of evil) is rebutted.

14 and over: can be held criminally responsible.

strict liability and an example

an offence that does not require the mens rea aspect of a crime, as just physically committing the crime (actus reus) is enough to be held liable.

example - speeding

summary offence definition

a minor offence that is heard in the magistrates court and the accused's verdict is decided by the magistrate.

indictable offence definition

a major offence that is heard in the county or supreme court where the accused's verdict is decided by the jury.

2 participants in a crime

1) principle offender: the person who commits the actus reus/offence, as well as any other person who planned, encouraged, directed or aided in the offence.

2) accessory: any person who assists the offender following the crime.

7 general defences to crime

1) mental impairment

2) self defence

3) duress

4) sudden or extraordinary emergency

5) automatism

6) intoxication

7) accident

what is murder defined as?

murder: the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification.

what are the 4 elements of murder?

1) the killing was unlawful

lawful justifications include

- solider killing an enemy in battle.

- police acting in the course of their duties.

- person acting in reasonable self-defence/under duress.

2) the accused/offender's act was voluntary

prosecution must prove that the accused committed the act awake, aware, and in control of their body.

3) the accused/offender committed the act that caused the victim's death.

prosecution must prove that the accused had significantly and substantially contributed to the victim's death.

if the chain of events is broken, the accused may not be found guilty.

4) accused/offender acted with the intent to kill or seriously harm.

prosecution must prove that the accused acted with a guilty mind.

what is the sanction for murder? (maximum and standard)

- the maximum penalty for murder is life without parole.

- a standard sentence for murder is 25 years imprisonment, or 30 if the victim was an emergency worker.

what 6 facts are considered when determining a sentence?

1) nature and gravity of the offence

2) vulnerability of the victim

3) offender's personal circumstances

4) offender's conduct following the offence

5) whether the murder was premeditated

6) guilty plea