Criminal Law
What is the age of criminal responsibility?
10
What is the Latin term that describes that children between the age of 10-14 do not have the mental capacity to commit a crime?
Doli incapax
What is Manslaughter?
Where death occurs as a result of criminal negligence or unlawful act. There is no intent to kill, but death occurs anyway.
True or False
Indictable offences can be heard Summarily
TRUE
Marg Jackson was taken to court after damaging $10,000 worth of Church property. Is her case a Summary or Indictable offence?
Summary offence- Under $100,000
What defines a crime?
A harmful, immoral and unlawful act that is Punishable by law
What is a strict liability crime?
A crime that does not require the proof of mens rea
What is the criteria that the accused must show to have committed attempted murder?
- Intent to commit murder (mens rea)
- Immediately connected with committing murder
- More than planning
True or False
Someone who lies to the police about a crime they know about is a principle offender
FALSE
Aidan Portico is an 11 year old boy from Pakhenam who has been previously arrested for damaging school property and robbery. He has now been taken into custody for vandalism. Is Doli Incapax present is Aidans case?
No, as Aidan has a strong criminal history
What are 2 types of crimes?
Crime against the person, Crime against property
What is the standard and burden of proof in a criminal case?
Standard of proof- Beyond a reasonable doubt
Burden of proof- Prosecution
What is an example of Malice Aforethought?
- The intent to kill
- An intention to inflict serious injury
- Recklessness
True or False
The maximum sentence for manslaughter is 22 years
FALSE
Poppy Anne was pulled over for speeding 15km over the speed limit. She claims she had no intention of speeding and therefore shouldn't be charged.
She ended up being charged with speeding. Why?
Because speeding is a strict liability offence.
What are the 5 purposes of criminal law?
To Deter others, Rehabilitate offenders, impose societies Retribution, Remove an offender and Protect society
Who are the 2 participants of a crime?
Principle offender and Accessory offender
What are 2 possible impacts on the accused. Provide an example of each.
Physical: The accused may be impacted via a sanction if found guilty – prison, a fine or both
Social: Loss of reputation and employment opportunities
Emotional: Guilt, trauma,
Financial: Loss of employment, payment of fine, fees for lawyers
True or False
If you unintentionally kill someone whilst committing a serious crime (prison time 10+ years) you can be charged with murder, as if you had purposefully killed someone.
TRUE
Toby Writman was charged with the murder of his boss. It is proven that his friend Alex Ban threatened to hurt his entire family if he didn't kill his boss.
Toby uses this as a defence, what is this defence called?
Duress
What are the 2 elements of a crime? Describe them.
Actus reus, known as the physical part of a crime, such as committing the crime.
Mens rea, known as the mental part of a crime, such as planning the offence.
Define Summary offences and Indictable offences...
Summary offences: minor offences heard in Magistrates Court
Indictable offences: more serious and can be heard in front of a judge and jury
Name the 7 defences to Homicide...
Duress, Self defence, Sudden or extraordinary emergency, Mental impairment, Automatism, Intoxication and Accident
Child homicide, (when a person kills a child under the age of 6yrs under circumstances) is not a form of manslaughter
FALSE
Katherine Bawls and Colleen Peak robbed a school of their stationery. Prudence Smigg drove them to and from the school.
Is Prudence an Accessory or Principle offender?
Principle offender