Underpinnings of Criminal Law
Can corporations be liable for criminal offences?
As legal entities, yes.
Does an accused have a right to a lawyer?
Yes
Where is murder defined?
Crimes Act 1900 (NSW) s 18(1)(a).
What is voluntary manslaughter?
Murder elements proved, but partial defence.
How many tutorials are there per week?
3
What are the Latin terms for the physical and fault elements of a crime?
actus reus and mens rea.
Who might be granted bail?
Someone who has been charged with an offence, but the matter has not yet been heard.
What are the physical elements of murder?
Voluntary Act/Culpable Omission, Causation, Death.
What is infanticide?
Mother suffering PND killing baby up to 12 months.
What are the assessments for this unit?
A quiz, an assignment, and an exam.
For what principle is Woolmington v DPP authority?
The presumption of innocence.
What is a reasonable suspicion?
Somewhere in between a possibility and a reasonable belief ~ R v Rondo.
What is the standard test for causation?
"substantial or operative cause" ~ Royall, Swan, etc.
What is an unlawful act according to R v Pullman?
An act "unlawful in itself".
When is the quiz due by? What is the time limit? What is it worth?
The end of Sunday 27 November. 1 hour. 10% of unit.
Is there a presumption that offences will have some kind of fault element?
Yes ~ He Kaw Teh v The Queen.
To whom do police apply for a covert search warrant?
To an 'eligible judge' appointed by State A-G.
What is a novus actus interveniens?
An act breaking the chain of causation, rendering A not liable.
What are the elements of Criminal Negligence?
DOC, gross negligence, high risk of death or GBH ~ Nydam v The Queen
Where may you find an example of an IRAC assignment?
In the LSH – Law Assignments
Identify three major philosophies underpinning criminal law.
Mill's harm principle, Lord Devlin's "moral wrongness", Jeremy Bentham's utilitarianism.
What percentage of the prison population is made up of ATSI people?
27%
Give an example of an offence that would satisfy the requirement for constructive murder.
E.g. agg armed robbery, agg SA in company. Answers can vary.
Need a provocative act have been done in A's presence?
Probably, but... (note wording of s 23 and Davis)
What subject is covered after Non-Fatal Offences against the person?
Property Offences