Nature of Crime
Define actus reus
‘Guilty act’ that refers to the physical act of carrying out the crime
Define a surety
In bail, where another person agrees to provide a financial guarantee that the accused will return to the court for trial in exchange for the accused’s release until that date.
Define beyond reasonable doubt
‘The standard of proof required in a criminal case for a person to be found guilty’
Define deterrent
Something that discourages or is intended to discourage someone from doing something.
What does doli incapax translate to?
‘Incapable of wrong’
What is universal jurisdiction?
Where a state claims a right to prosecute a person for actions committed in another state, based on the common international opinion that the alleged crime is so serious that normal laws of criminal jurisdiction do not apply
What are the 3 degrees of mens rea?
Intention, recklessness and criminal negligence
What is the legislation that governs most police powers?
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Name 3 lower courts
Local, Coroner’s and Children’s Court
What is parole?
The release of a prisoner before their prison term is completed, on the promise of good behaviour
Generally, what is the overriding factor affecting punishment when dealing with young offenders
Rehabilitation
What is extradition?
the legal surrender of a suspect or convicted criminal by one jurisdiction to another to face criminal charges or sentence
Which category of crime would riding the train without a valid ticket fall under?
Regulatory offence
Briefly explain the process if police are pursuing a suspect who gets into their house and locks the door.
No warrant required due to reasonable suspicion
Distinguish between the adversarial and inquisitorial system
Adversarial is where 2 sides present their case to an impartial judge or jury while an inquisitorial judge directs cases and can call for particular evidence
When is a victim impact statement given?
After verdict but before sentencing
Where would a trial for murder be heard for an offender who is 15?
Supreme Court
Provide 2 of the 3 main types of crimes against the international community.
Genocide
War crimes
Crimes against humanity
Which factor affecting criminal behaviour would most likely apply to someone who has grown up with parents who are bikies?
Social factors
How long can a suspect be held for without charge? For both with or without an extension, and terrorist suspects.
6 hours and 12 hours. 14 days for a terrorist suspect
What is a complete defence that is most often used in sexual assault cases, that cannot be used in most other criminal cases?
Consent
Differentiate between statutory guidelines and judicial discretion
Statutory guidelines are set out in legislation that establishes the maximum and minimum sentences for crimes. Judicial discretion is the judges ability to choose the punishment based on aggravating and mitigating factors
What's the difference between a warning and a caution for young offenders?
A warning is an official notice given to a young offender, but has no conditions attached to it
A caution is a formal recorded alternative to prosecution, to which the offender must admit guilt. It can be considered in court as an aggravating factor for further offences
Provide 3 Australian organisations that work to protect against transnational crime.
AFP
Attorney General's department
Australian Crime Intelligence Commission
Australian Border Force
Australian High Tech Crime Centre
What does the following refer to; planning and architectural design considers the influence of physical environments upon crime.
Situational crime prevention
Outline the reforms and causes of reform for the Bail Act 2013, 2014 and 2015
2013 was instituted as the old laws were too complex and large remand populations. It introduced the 'unacceptable risk' test
2014 was instituted in response to controversial bail granted to violent criminals such as R v Hawi and R v Ferus. Introduced 'Show Cause' and community safety as the primary concern
2015 was instituted in response to Lindt Cafe Siege, introduced automatic refusal for terrorist charges/national security threats
What are 3 partial defences that would reduce a charge of murder to manslaughter?
Diminished responsibility
Extreme Provocation
Excessive self-defence
List all the post sentencing considerations, or describe 4 of them.
Security classification, protective custody, parole, preventative detention, sexual offenders registration, deportation
What are 3 ways that strip searches differ for young offenders compared to adults?
Cannot be strip searched if under 10
Between 10-18 must be accompanied by a responsible adult (other than the police officer)
14 and over has to agree on who the adult is
What are red and yellow notices from INTERPOL?
Red notices: Wanted criminals
Yellow notices: Missing persons