Terms & Concepts
The two latin terms referring to the guilty act and the intent involved in a crime.
Actus Reus and Mens Rea
The three formal statements of human rights that make up the 'International Bill of Rights'
UDHR (1948), ICESCR (1966), ICCPR (1966)
Distinguish between 'homicide' and 'murder'
Homicide is the unlawful killing of another person both deliberate or accidental.
Murder is the most serious type of homicide with varying degrees of mens rea applicable.
This Act is divide into 16 parts relating to the main types of offences in NSW
Crimes Act 1900 (NSW)
‘Buyer beware’ the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
Caveat Emptor.
One example of a collective right.
Environmental and peace rights, or the right to self-determination
'Doli incapax' (latin for ‘incapable of wrong’) applies to children under the age of _____, and no longer applies from the age of _____ in NSW.
Doli incapax applies to children under the age of 10, and no longer applies from the age of 14 in NSW.
The key statute law governing Police Powers in NSW.
Law Enforcement (powers & responsibilities) Act 2002 – LEPRA
The principle that nations may govern themselves without external interference. A barrier to the enforcement of international law.
State Sovereignty.
The international human rights legislation enforced by The UN Human Rights Commission (UNHRC) and The UN Economic and Social Council (ECOSOC)
UNHRC enforces the ICCPR (1966)
ECOSOC enforces the ICESCR (1966)
Three complete defences.
Mental Illness, Self Defence, Necessity, Duress, Consent, or Automatism
Explain the relevance of Dietrich v the Queen (1992)
A defendant has the right to a fair trial and Australian courts have ruled that a trial will rarely be fair for an accused without adequate legal representation. The High Court recognised this in a Dietrich v The Queen in 1992
Principles which ensure that the operation of courts are fair and just. Ie. The right to know the case against you, to present your case, and the right to a decision which is free from bias and is based on relevant evidence.
Procedural Fairness.
One argument FOR and one argument AGAINST a charter of rights.
FOR - A Charter of Rights would strengthen the legal framework for the protection of human rights in Australia, and protect the most vulnerable citizens in society. It is easier to access these rights from one source - E.g. a Charter of Rights.
AGAINST - We have a vibrant democracy in Australia and we do not need a Charter of Rights, listing our rights in this way may actually limit them. A Charter of Rights would represent the current values of our society when it is written, these values can become outdated.
What are the FOUR purposes of punishment/sentencing? Bonus for the Legislation that dictates these
Deterrence, Retribution, Rehabilitation and Incapacitation
Bonus - Crimes (Sentencing Procedure) Act 1999 (NSW)
Explain the relevance of R v Blaue [1975]
In the case of R V Blaue, Blaue planned to sexually assault a woman, when she attempted to defend herself, Blaue stabbed her, puncturing her lung. Later in the hospital the victim refused a blood transfusion and died. The judge established causation even though Blaue didn't intend to murder. As such he was convicted of manslaughter.
The difference between the Division of Powers and the Separation of Powers.
The Division of Powers refers to how power is divided under the Australian Constitution among state and federal governments - exclusive, concurrent, and residual powers.
The separation of Powers refers to separating the government executive, legislature and judiciary to prevent abuses of power.
Three ways that the Australian constitution supports human rights protections.
The separation of powers doctrine
The division of powers between the commonwealth and the states
Express and implied rights
Express rights: clearly expressed or outlined in the text - can only be removed by changing the wording of the Constitution.
Implied rights: not clearly expressed in the words of the Constitution, however are nevertheless suggested or inferred by them.
The nature of the constitution as a document that is difficult to amend/ change
This may be drawn in court if an accused person chooses to remain silent and chooses not to cooperate during questioning in the investigation process under the Evidence Amendment (Evidence of Silence Act) 2013.
Negative Inference
The most commonly commited offence in New South Wales are ________ offences. These offences are covered with which TWO pieces of legislation?
Driving offences --> Road Transport Act 2013 (NSW) and the Crimes Act 1900 (NSW)