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AOS2 (presumption of innocence (innocent until proven guilty, bail -…
AOS2
presumption of innocence
innocent until proven guilty
bail - letting people go until prove guilty
unbiased judge and jury
appeal
burden of proof (prosecution) / standard of proof (beyond reasonable doubt)
key concepts of criminal law
actus reus = guilty act, committing the crime
mens rea = guilty mind
strict liability = mens rea is not required e.g. speeding
age of criminal responsibility
0-9 = no charge
10-13 doli incapax (know right from wrong)
14 = charged
standard and burden of proof
purposes of criminal law
protect society
recognise our rights
impose sanctions
defences to murder
unlawful homocide
6 aspects
human (born)
age of discretion
malice aforethought
sound mind
unlawful
causation
5 defences
self defence
automatism
duress
sudden of extrodinary emergency
mental impairment
impacts (of murder)
society
individual
offender
types of crime
propety
theft
arson
graffiti
person
assault
murder
culpable driving casuing death
rape
Summary vs. Indictable
summary = minor
heard in the magitrates
heard by magistrate
no more then 10 years jail
minor theft
graffiti
indictable = serious offence
heard in county or supreme court
heard by judge and jury
murder
culpable driving casuing death
participants of a crime
princinple
someone involved in a crime, commits, orders, encourages
accesory
assists the principle after the crime
Culpable driving casuing death
driving motor vehicle
the person was the cause of death