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47 Cards in this Set
- Front
- Back
Actus Reus |
The physical performance or conducted of a crime |
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Mens Rea |
A person's intention to commit a crime (the guilty mind) |
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Strict Liability |
The prosecution must only prove actus reus \ |
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A summary offence is? (4) |
- A less serious charge such as drink driving - Brought on a charge called 'summons' -Penalties no greater than two years in prison |
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An indictable offence is? (5) |
- An offence society considers to be very serious such as murder or sexual assault. - If sufficient evidence is provided a trial with a judge/jury will occur - are brought on a charge called an indictment |
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Define Law |
A set of terms binding on the whole community, that can be enforced and are officially recognised. |
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Legislation/ Statue Law |
Law made by parliament. |
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Commonwealth (Aust.) consistution |
A set of rules by which a country or state is run. |
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State consistution |
Each state has its own constitution. Usually, they are longer than the federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. |
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Common law |
Judge made law |
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The Acts of Parliament are? (5) |
- Criminal Code Act 1899 (QLD) - Penalties and Sentences Act 1992 (QLD) - Drug Misuse Act 1986 (QLD) - Youth Justice Act 1992 (QLD) |
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Contemporary Issues is? (4) |
- Delayed Justice - High cost of Justice - Judge only trial |
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List cases that match up to the contemporary issues. |
Delayed Justice - Morcombe case Judge only trial - Patel case |
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How old is Youth in QLD? |
Regarded up to age 17 (other states 18) |
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Reasons for the age of Youth in QLD |
Young people are less experienced, vulnerable, should be treated differently/more leniently when punished. |
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Options (sentencing) Available for youth? (3) |
-Youth conferencing (where guilt is acknowledged but court is avoided) - Boot camp - Not being named in the media |
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Elements of (Murder) crime? (4) |
- Killing with intention to kill - killing with intention of inflicting grievous bodily harm - Reckless murder |
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Basic elements of Criminal Law? (2) |
-Actus Reus |
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Committal Proceedings |
Held to determine whether, in the case of more serious criminal offences, there is sufficient, evidence to require the defendant to stand trial. Committal proceedings are generally held before a magistrate, who hears evidence from the prosecution which is recorded and can be used at the trial. |
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Summary Proceedings |
A proceeding in court where there is no jury present and a summary judgment is handed down. |
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Legal Representations |
The legal work that a licensed attorney performs on behalf of a client. |
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Definition of Civil Law |
Deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. |
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Definition of Criminal Law |
Body of law that deals with crime and the legal punishment of criminal offenses |
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Criminal offences (2) |
- Summary offences (not as serious) |
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What are some offences against the person (7) |
- Murder - Causing death or harm in dangerous driving - manslaughter - Stalking |
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Murder: Elements and mandatory sentencing |
ELEMENT: intention to kill |
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Manslaughter: Elements and mandatory sentencing |
ELEMENTS: Killed another person unlawfully; circumstances of the case do not constitute to murder |
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Assault: Elements and mandatory sentencing |
ELEMENTS: the unlawful, intentional threat of force or infliction of injury in another person. MANDATORY SENTENCING: 3 years imprisonment |
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Grievous Bodily harm: Elements and mandatory sentecing |
ELEMENTS: inflicting an injury upon another person of a very serious nature. Bodily harm that leaves the victim begin permanent injured in some matter, the lost of distinct part or an organ of a body, serious disfigurement, any bodily harm of such nature that if left untreated, would endanger life. |
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Rape: Elements and mandatory sentencing |
ELEMENTS: having carnal knowledge of a person without consent or permission (complete upon penetration) MANDATORY SENTENCING: life imprisonment |
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Sexual Assault: Elements and mandatory sentencing |
ELEMENTS: unlawful and indecent assault of another person without his or her consent. |
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Incest: Elements and mandatory sentencing |
ELEMENTS: Carnal knowledge of a person offspring or other lineal descendant or sibling , parents, grandparent, uncle, aunt, niece or nephew where the person is aware of the relationship. MANDATORY SENTENCING: life imprisonment |
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Indecent treatment of a child under 16: Elements and mandatory sentencing |
ELEMENTS: Unlawfully and indecently dealing with a child under the age of 16 years, or willfully exposing a child under 16 years to an indecent act, film, or other indecent matter |
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Stealing: Elements and mandatory sentencing |
ELEMENTS: Dishonestly taking the property (that is movable or capable of being moved) of another with an intent to permanently deprive the owner of the thing |
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Robbery: Elements and mandatory sentencing |
ELEMENTS: Stealing something, when directly before, during or directly after the stealing, using or threatening to use actual violence in order to obtain the stolen thing or to overcome resistance to it being stolen |
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Burglary: Elements and mandatory sentencing |
ELEMENTS: entering a dwelling with intent tocommit an indictable offence |
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Drink driving: Elements and mandatory sentencing |
ELEMENTS: driving while under the influence of intoxicating substance MANDATORY SENTENCING: the penalties likely to be imposed for an offence of drink-driving depend in part on whether the offence is classified as major or minor the penalties likely to be imposed for an offence of drink-driving depend in part on whether the offence is classified as major or minor |
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Drug laws (4) |
- Possession - Supplying - Trafficking |
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Defences (6) |
- Intoxication (consumption of alcohol or drugs) - Extraordinary Emergency (not criminally responsible as made or done under such circumstances) - Duress (forced by a loved one or threaten) |
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Provocation |
They were provoked into committing the assault. |
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Theories of Punishment (4) |
- Retribution ( form of payback against the offender) - Deterrence ( deter the offender from re-offending and deters others from committing a crime) - Rehabilitation ( dedicated to improving, maintaining or restoring physical strength, cognition and mobility with maximized results.) |
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Types of punishment (6) |
- Fine option orders |
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Police Powers: ARREST |
- Must tell the arrested person the reason of the offence they are arrested for |
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Police Powers: RIGHT TO SILENCE |
- person suspected of committing the crime must give their name - they are entitled to a lawyer - every person who is arrest are given the opportunity to contact a lawyer - apart from giving their name they have the right be remain silent |
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Right to silence: Terrorism |
- Have o right to silence |
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Presumption of innocence |
Innocent until proven guilty |
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Onus and Standard of proof |
Burden of Prove |