Magginoodlestrates and other courts
Can the Magistrates hear appeals?
NO
Common law refers to law created by parliament.
True or False
FALSE
What is one purpose of criminal law?
...
Is common assault a strict liability offence
NOOOOO
PLEASE STOP SAYING IT IS
Is Self Defence an accepted defence for a murder charge?
Yes
Can the magistrates hear indictable offences?
If so, what is this known as?
Yes - Indictable Offences heard Summarily
Is common law, or statute law higher?
Statute
Who holds the burden of proof in criminal cases and what is the standard of proof in these cases?
Prosecution
Beyond Reasonable Doubt
What constitutes a strict liability offence?
No Mens Rea required
What the most common sanction for murder cases?
Jail/prison/incarceration
Order the Victorian courts according to the hierarchy, sort from highest to lowest
NO HIGH COURT OF AUSTRALIA
- Supreme Court Appeals
- Supreme Court Trials
- County Court
- Magistrates
The confirmation of common law into statute law
What is one way the presumption of innocence can be upheld in the criminal justice system?
....
Name two common sanctions for assault
CCOs
Fines
Prison
Intervention Orders
....
Name 2 reasons for having a court hierarchy
- Appeals
- precedent
- specialisation
- Administration
What does abrogation of law refer to?
When law is cancelled
Ben organises a crew to steal the declaration of independence. However, takes no part in the operation and is not present during the attempt.
What type of offender is Ben?
Principal
Reynaldo was accused of assault, what is one impact this might have on him?
............
Duress is the use of force, threats, or wrongful pressure to compel someone to act against their will
Name one reason the County Court would not need to follow the precedent of the Supreme Court
- Facts of the case were different
- Abrogation of the law
What is the doctrine of precedent?
Lower courts have to follow rulings of higher courts.
What type of crime is a person killing another?
A crime against the person
What are the three elements of assualt
The accused applied force or threatened to apply force
The application of force was intentional or reckless
The was no lawful justification or excuse
What are the 4 elements of murder?
Killing was unlawful
Acts were voluntary
Accused committed acts that caused the victims death (causation)
Acted with intent to kill or harm