Meaning of crime
Define 'crime'
Unlawful activities OR any conduct which violates the rights of the community at large, punishable by a recognised criminal sanction upon proof of guilt in a criminal proceeding initiated and presented by officers of the crown or its agencies
Name the two fundamental elements of a crime
Actus reus and mens rea
Define strict liability offences
Offences where only the actus reus needs to be proved.
Define Causation
Proving that there is sufficient causal link between the actions of the accused and the result.
What do categories of crime affect?
The way a case is investigated, prosecuted or punished.
Give 3 examples of crimes
Murder, Drink Driving, Stealing
Define actus reus and mens rea
Actus reus is a Latin term meaning ‘guilty act’ and refers to the physical act of carrying out the crime. Mens rea is a Latin term meaning ‘guilty mind’ and refers to the mental state of the accused.
Give 3 examples of strict liability offences
Speeding, selling alcohol or cigarettes to underage, failing to wear a seatbelt.
True or False: Causation will often be relevant in proving the actus reus and requires the prosecution to prove a substantial link between the act and the crime.
True
Give 3 examples of categories of crime
Type of offence, parties to a crime, jurisdiction, seriousness of the offence
True or False: Many countries and societies have different views about what kinds of acts society needs to be protected from and which acts should be considered criminal.
True
Identify the 3 main levels of mens rea
Intention, recklessness and criminal negligence
Why do strict liability offences exist?
Because of its administrative advantages – for example, to assist the legal system in coping with the daily volume of traffic violations – or to put a greater onus on society to comply with a particular law.
Wallace v Kam: What was this case about?
Dr Kam was a neurosurgeon charged with medical negligence and the question of causation was raised. The plaintiff, Mr Wallace, had been injured during surgery. He alleged that Dr Kam had not warned him about the two risks of the surgery, and that if he had known about these risks, he would not have agreed to the surgery and so would not have been injured.
Give three examples of offences against the person
Murder, Infanticide, sexual assault, manslaughter, assault, indecent assault
Describe the phrase 'beyond reasonable doubt'
If any other reasonable conclusion besides proving the criminal charges can be drawn from the evidence, there is reasonable doubt. If there is any doubt as to the guilt of the defendant, a ‘not guilty’ verdict must be given.
R vs Dean: Why was Roger Dean sentenced with murder and not manslaughter?
Dean understood that his actions had life-threatening consequences (mens rea).
True or False: There can not be a defence for strict liability offences.
False: There can be a defence to strict liability: if the accused can prove the act was an ‘honest and reasonable mistake’.
R v Blaue: What was the religion that prevented Ms Woodhead from obtaining a blood transfusion?
Jehovah's Witness
What are the three main categories of economic offences?
Crimes against property, white-collar crime, computer offences
R vs McNeal: What was McNeil convicted of and what for?
Manslaughter for a 'coward punch' that killed 18 year old Daniel Christie
R v Thomas Sam: What were Thomas and Manju Sam sentenced with and why?
The parents were both found guilty of manslaughter and sentenced to imprisonment.
R vs Wayne Alfred: Why did the local court magistrate uphold the decision to convict Mr Alfred of breaching the Commonwealth Electoral Act (1918)?
They found that he did not have a valid reason for failing to vote in the Federal election.
R v Blaue: What was the outcome of the appeal by Mr Blaue and why?
It was refused as it was ultimately the stab wound that caused Ms Woodhead's death (not the fact that she refused a blood transfusion).
The Queen v Baden-Clay: True of False - Gerard Baden-Clay's conviction was not downgraded from murder to manslaughter after an appeal.
False - it was downgraded to manslaughter.