| What is common law | Common law is laws that have been devolved on a basis of proceeding rulings by a judge. |
| What is statute law | Statute law refers to laws that have been created in parliament in the form of legislation. |
| What are the elements of a fair trial? | Elements which make a trial fair would be:
-A presumption of innocence
-For the defendant to be told of charge
-For the defendant to have time and facilities to prepare
-To have a trial without undue delay
- The right to a lawyer
-The right not to testify against oneself
- An unbiased trial -The independence of the judiciary |
| What is actus reus | Actus reus is the action the person takes to commit the crime. |
| What is mens rea | Mens rea is the intent the person has behind committing the crime. |
| What is IRAC | IRAC is a way to write out a legal document |
| What does the I stand for | Issue, What is the legal issue? State the problem using the facts of the case |
| What does the R stand for | Rule, State what the legal rule is |
| What does the A stand for | Application, state how the facts of the case match the elements of the law. USE MENS REA, ACTUS REA |
| What does the C stand for | Conclusion, reach a conclusion on all the legal issues and explain why any alternative conclusions weren’t reached. |
| What is a Summary offence | A criminal offence which is normally tried in a magistrates' court and which is generally considered to be less serious than other types of offences. |
| What is a Indictable Offence | It is offences that have more serious imprisonment and fines and heard by a judge and/or jury in a higher court. Examples of these offences include murder, rape, armed robbery and serious drug offences. |
| What are the four factors which undermine the justice system? | Corruption
Court delays
Coercion of witnesses
Trial by Media |
| What is corruption? | Corruption is any form of dishonest or unethical behaviour that causes people to break rules for their own gain. |
| Why is Trial by media bad? | Media can undermine the presumption of innocence through reporting |
| Why is coercion bad? | This may occur by officials in the justice system or outside the justice system, and has an intent to influence the witness to Testify falsely or Withhold any truthful testimony, truthful information, document or thing. |
| What does court delays do? | It creates time of evidence to be lost, witnesses to forget, create more stress, increase cost of case, and a deterioration of confidence. |
| What is the difference between bail and being held on remand? | Bail is the process where a person has been arrested and charged, then released out of police custody into the community, and being held on remand is when the person has been arrested and held in custody and is waiting for the next court hearing. |
| What are the rights of arrest? | Use of reasonable force
Refusal to allow a telephone call or presence of a particular person
Application for Police bail
Right to silence
Right to an interpreter
Solicitor, relative or friend
Telephone call
Police caution |
| What reasons must judges provide for their sentence based on the law? | to ensure the offender is adequately punished for the offence,
to prevent crime, protect the community, to promote the rehabilitation, to make the offender accountable
to denounce the conduct of the offender and to recognise the harm done. |
| What is mandatory sentencing? | A mandatory sentence is a sentence which provides a mandatory or minimum sentence when is found guilty of a crime. |
| What are problems caused by mandatory sentencing | Reluctance of Juries to Convict Accused
Higher rates of refusal of bail
Expansion of prison populations
Less Cooperation with Police
Increase in Sentencing Across the Board |
| What is assault? | Assaults are a class of offences which involve the intentional or reckless use or threat of physical force against another person. |
| What is grievous bodily harm? | A really serious injury, that created a permanent or serious disfiguring of a person |
| What makes something assault? | The person struck touched or applied force to another person, intentionally, and without consent |
| What is affray? | Affray is a charge where the jury or judge cant prove the charge is assault. But offender was such as to leave a reasonable person in fear of his or her own safety. |
| What is homicide? | Homicide is the killing of one person by another. |
| What is unlawful homicide? | If the defendant was acting in self defence, it was an accident or an order in war. |
| What is murder? | When a man of sound memory and of the age of discretion unlawfully kills any reasonable creature in being. |
| What is the physical element/actus reus for murder? | •that the person caused the death of another, either through an act or omission.
•Person
•Act caused the death
•Act was voluntary (ie. They were in control of their body) |
| What is the fault element/mens rae for murder? | •That the person:
•Intended to cause the death OR
•They were recklessly indifferent to the probability of causing the death of someone OR
•Intended to cause someone serious harm (endanger their life or be significant/longstanding). |
| What is manslaughter? | If you didn't mean to kill them, or you didn't meet the mens rae |
| What defences apply for murder? | •Self defence
•Provocation
•Diminished responsibility
•Automatism |
| What is equality before the law and why is it important? | Equality before the law is that an individual, regardless of their status in society, can challenge a law which is unconstitutional or otherwise invalid under Australian law to the highest court in the land. |
| What is open justice? | Open justice is a legal principle describing legal processes characterised by openness and transparency. |
