Nature of Crime
Elements of Crime
What are Mens Rea and Actus Reus?
Main legislation outlining police powers
What is the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)?
both sides present their arguments with an independent judge
What is the adversarial system?
maximum penalties set by legislation
What are statutory guidelines?
issue in R v Darby
When is it permissible to use sniffer dogs?
Case about blood transfusion and causation
What is R v Blaue?
primary investigators of a crime scene
Who are the police?
independent authority that prosecutes all serious criminal cases in NSW
minimum penalty set by legislation
What is mandatory sentencing?
prinicpal in the first degree
Who is the person actively committing the crime?
Strict Liability
What type of offence only requires actus reus?
permission from a judge to carry out a search
What is a warrant?
accused agrees to plead guilty in return for a lesser charge
Wjat is charge negotiation?
mitigating circumstances
What are facts that may lead to a lesser sentence?
surety
What is the deposit/guarantee for receiving bail?
unlawful killing of another person
What is homicide?
length of time for which police may generally detain a suspect
How long is six hours?
bears burden of proof in a criminal case
Who is the Prosecution?
most severe punishment available in Australia
What is imprisonment
complete defences
What types of defences result in a person being found not guilty of an offence?
making it more difficult for people to commit crimes
What is situational Crime Prevention?
detention of a charged person pending trial
What is remand?
beyond reasonable doubt
What is the standard of proof in a criminal case?
Method of sentencing used with Aboriginal offenders
What is circle sentencing?
specific deterrence
What types of penalties aim to discourage an offender from committing the same offence?