HSC Legal Studies. Year 2017 Mark Pages 46 Published Feb 6, Legal Studies: Crime. By Rose (99.4 ATAR)

Size: px
Start display at page:

Download "HSC Legal Studies. Year 2017 Mark Pages 46 Published Feb 6, Legal Studies: Crime. By Rose (99.4 ATAR)"

Transcription

1 HSC Legal Studies Year 2017 Mark Pages 46 Published Feb 6, 2017 Legal Studies: Crime By Rose (99.4 ATAR)

2 Powered by TCPDF ( Your notes author, Rose. Rose achieved an ATAR of 99.4 in 2016 while attending St Marys Senior High School Currently studying Bachelors of Law/ Bachelors of Arts (Major in English) at Macquarie University Rose says: Studying a double Law/ Arts degree at Macquarie University on Merit Scholarship.

3 Crime 1.1 The Nature of Crime Crime: Any conduct which violates the rights of the community at large, punishable by a recognised criminal sanction upon proof of guilt in a criminal proceeding initiated and presented by officers of the crown or its agencies. Criminal Law: - Concerned with the protection of society. - Criminal actions include crimes against a person, the state and/or property. The law provides for the state to take legal action against an accused to prosecute the offender in a court of law to obtain some form of punishment. - Crown must prove its case beyond a reasonable doubt. - When the police and/or Director of Public Prosecutions decide prosecute the offender in court, they are known as the accused or defendant. 1.2 Elements of a crime Actus Reus: (Guilty Act) The accused person actually commits the crime. Mens Rea: (Guilty Mind) The accused person sufficiently intended to commit the offence. Actus Reus: - Must be a voluntary act, but can include an omission or failure to act. Mens Rea: - Mens Rea must coincide with the actus reus. - Offender must be capable of forming mens rea. - Three main levels of mens rea: intention, recklessness, criminal negligence. Intention: clear, malicious or wilful intention to commit the crime. Recklessness: the accused foresaw the danger of the action and acted anyway. Criminal negligence: the accused fails to foresee the risk of their action, a risk than an ordinary person would have foreseen under the same circumstances. 1.3 Causation Causation: the act that was performed must have caused the crime that took place. - Act must be the operative and substantial cause of the crime, i.e. responsible for the offence. 1.4 Strict Liability offences Offences which often do not have to include the mens rea. Only the actus reus will need to be shown. E.g. speeding offences, selling alcohol or cigarettes to minors, drink driving.

4 - The State assumes ignorantia iuris neminem excusat (ignorance of the law excuses no one) - Provides administrative convenience. - Usually, there is no defence for strict liability offences, but in some situations honest and reasonable mistake of fact is allowed (element of the offence raised on the balance of probabilities.) 1.5 Categories of crime Offences against the person Involve some form of harm or injury to an individual. Most crimes against the person are listed in the Crimes Act 1900 (NSW) 1. Homicide The unlawful killing of one person by another. In a homicide case, causation must be established between the actions of the accused and the death of the victim. Categories of homicide: a. Murder: the killing of one person by another with malice aforethought. In order to prove that a killing was murder the prosecution must show that at least one of the following exists: The accused intended to deliberately kill the victim The prosecution must show that at least one of the following exists: a. The accused intended to deliberately kill the victim b. The accused set out to inflict serious bodily harm, which resulted in death c. The act was done with reckless indifference to another human life; that is, the accused did not care that the act might end a human being s life d. The act was done while committing or attempting to commit another seriously crime punishable by life or 25 years imprisonment - NSW: 2011 Murder victims was 77 compared to of domestic violence-related assaults at the same period. b. Manslaughter: the killing of someone in circumstances less culpable than murder. Types: Voluntary Manslaughter: when a person kills with intent, but there are mitigating circumstances (such as the defence of provocation) which reduce their culpability. Involuntary Manslaughter: killing of a person where the death occurred because the accused acted in a reckless or negligent way, but without intention to kill the person.

5 Powered by TCPDF ( Constructive Manslaughter: killing of a person while the accused as carrying out another dangerous or unlawful act. c. Infanticide: killing of a child under 12 months old by the mother when her mind has been affected by the born of that child or by lactation. A defence is the preservation of a mother s life or health. d. Dangerous Driving causing death: when a person drives in an unsafe and reckless was, such as under the influence of alcohol, and in so doing causes the death of another human being, maximum penalty of 10 years in person. If the offence is aggravation by certain circumstances the penalty can be as much as 14 years. Assault: includes the offence of causing physical harm to another person and threatening to cause physical harm to another person (common assault). ABS: in 2010, there was assaults recorder by policy. Maximum penalty 2-7 years. Sexual assault: wherein someone is forced into sexual intercourse against their will and without their consent. In the Crimes Act 1900 (NSW), a person is not consenting where they are: - Substantially intoxicated by drugs/ alcohol, therefore lacking the capacity to consent. - Intimidated or coerced - If the accused is abusing their position of trust and authority. Indecent Assault is whereby the accused commits and assault and act of indecency on or in presence of another person without their consent. Aggravated sexual assault in company: most serious sexual offence in NSW. Includes elements of sexual assault, but is performed with another person or people present together with either depriving the victim of their liberty or the infliction or threatened infliction of bodily harm. 2. Offences against the State: include political offences against the State or heads of State. a. Treason: involves a breach of allegiances to the Crown by trying to kill or harm the Queen/ King, their heir/ spouse, going to war against Australia, assisting an enemy in the war against Australia or inciting a foreign power to invade Australia. b. Sedition: involves the incitement of hatred of the sovereign or government, or the intention to incite violence against the government in order to over throw it. 3. Economic Offences: involve damage to or loss of the victim s property. a. Crimes against property

HSC Legal Studies. Year 2016 Mark Pages 33 Published Feb 7, Legal- Crime Notes. By Annabelle (97.35 ATAR)

HSC Legal Studies. Year 2016 Mark Pages 33 Published Feb 7, Legal- Crime Notes. By Annabelle (97.35 ATAR) HSC Legal Studies Year 2016 Mark 94.00 Pages 33 Published Feb 7, 2017 Legal- Crime Notes By Annabelle (97.35 ATAR) Powered by TCPDF (www.tcpdf.org) Your notes author, Annabelle. Annabelle achieved an ATAR

More information

Defenses for the Accused. Chapter 10

Defenses for the Accused. Chapter 10 Defenses for the Accused Chapter 10 Denial A defense is the denial of committing the act or giving justification of what otherwise would be considered a criminal act. The most common defense for an accused

More information

Contents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases

Contents PART 1: CRIMINAL LIABILITY. Table of Statutes. Table of Secondary Legislation. Table of Cases Contents Table of Statutes Table of Secondary Legislation Table of Cases PART 1: CRIMINAL LIABILITY Chapter 1: Fundamental Principles of Criminal Liability 1: Actus Reus 1.1 Introduction 1.2 Conduct as

More information

To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be:

To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be: Homicide Offences To begin, the behaviour and the defendant in question have to be identified as well as the offence they ve committed. This may be: Murder or voluntary manslaughter if partial defences

More information

Criminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS

Criminal Law. Text, Cases, and Materials. Janet Loveless. Third Edition UNIVERSITY PRESS Criminal Law Text, Cases, and Materials Third Edition Janet Loveless UNIVERSITY PRESS Contents Guide to using the book Guide to the Online Resource Centre this edition Preface Acknowledgements Table cases

More information

1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention

1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention 1) 11 CHOOSE THE BEST CHOICE AND MARK IT ON YOUR ANSWER SHEET. Part A: Fill in the Blanks 1. The physical element of a crime is the a. mens rea b. actus reus c. offence d. intention. A person is where

More information

10: Dishonest Acquisition

10: Dishonest Acquisition WEEK (week beginning Monday) 1 (28 July) 1 2 (4 August) 3 CLASS CHAPTER TOPIC PAGE NOS. 2 5: Homicide 4 3 (11 August) 5 4 (18 August) 7 6 6: Defences 8 Introduction, (some classes may view a video and/or

More information

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i.

I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i. I. Limits of Criminal law a. Due process b. Principle of legality c. Void for vagueness II. Mental State a. Traditional law i. A specific intent crime is one in which an actual intent on the part of the

More information

CRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition

CRIMINAL LAW. Sweet &. Maxwell's Textbook Series. 4th edition CRIMINAL LAW Sweet &. Maxwell's Textbook Series 4th edition Alan Reed, M.A., LL.M., Solicitor Professor of Criminal and Private International Law, University of Sunderland and Ben Fitzpatrick, B.A., P.G.C.L.T.H.E.

More information

CRIMINAL LAW: TEXT AND MATERIALS

CRIMINAL LAW: TEXT AND MATERIALS CRIMINAL LAW: TEXT AND MATERIALS Fifth Edition by C. M. V. CLARKSON, B.A.,LL.B.,LL.M. Trofessor oflaw, University ofleicester H. M. KEATING, LL.M. Senior Lecturer in Law, University ofsussex LONDON SWEET

More information

A CASEBOOK ON SCOTTISH CRIMINAL LAW

A CASEBOOK ON SCOTTISH CRIMINAL LAW A CASEBOOK ON SCOTTISH CRIMINAL LAW Fourth Edition Christopher H.W. Gane, LL.B., Professor of Scots Law, University of Aberdeen Charles N. Stoddart, LL.B., LL.M. (McGill), Ph.D., Formerly Sheriff of Lothian

More information

CRM 321 Mod 5 Lecture Notes

CRM 321 Mod 5 Lecture Notes CRM 321 Mod 5 Lecture Notes In this module we will examine the worst of the crimes that can be committed - crimes against persons. Persons crimes are distinguished from so-called victimless crimes, crimes

More information

LAW1114: CRIMINAL LAW EXAM NOTES

LAW1114: CRIMINAL LAW EXAM NOTES LAW1114: CRIMINAL LAW EXAM NOTES CONTENTS TOPIC COMMON OTHER 1 S OF A CRIME 2 NON- FATAL, NON- SEXUAL AGAINST THE PERSON 3 SEXUAL 4 HOMICIDE 5 DEFENCES AR (p3) - Positive, voluntary act (PVA) - Causation

More information

CRIMINAL OFFENCES. Chapter 9

CRIMINAL OFFENCES. Chapter 9 CRIMINAL OFFENCES Chapter 9 LEVELS OF OFFENCES In the Canadian legal system we have three levels of criminal offences. Summary Conviction Offences Indictable Offences Hybrid Offences LEVELS OF OFFENCES:

More information

CRIME STUDY GUIDE 1 The Nature of Crime

CRIME STUDY GUIDE 1 The Nature of Crime CRIME STUDY GUIDE 1 The Nature of Crime The Meaning of Crime a) Define crime crime a broad term used to describe many unlawful activities, from the extreme, such as murder to more minor offences, such

More information

SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II:

SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II: SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II: In the next 2 classes we will consider: (i) Canadian constitutional mechanics; (ii) Types of law; (iii)

More information

MLL214: CRIMINAL LAW

MLL214: CRIMINAL LAW MLL214: CRIMINAL LAW 1 Examinable Offences: 2 Part 1: The Fundamentals of Criminal Law The definition and justification of the criminal law The definition of crime Professor Glanville Williams defines

More information

Criminal Law Exam Notes

Criminal Law Exam Notes Criminal Law Exam Notes Contents LARCENY... Error! Bookmark not defined. Actus Reus... Error! Bookmark not defined. Taking & Carrying Away... Error! Bookmark not defined. Property Capable of Being Stolen...

More information

PART 1: THE FUNDAMENTALS...

PART 1: THE FUNDAMENTALS... Contents PART 1: THE FUNDAMENTALS... 6 The Fundamentals of Criminal Law (CHAPTER 1)... 6 Sources of criminal law:... 6 Criminal capacity:... 7 Children:... 7 Corporations:... 7 Classifications of crimes:...

More information

CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA

CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA CRIMINAL LAW TJ MCINTYRE SEAN Ô TOGHDA ROUND HALL THOMSON REUTERS TABLE OF CONTENTS Foreword Preface Table of Cases Table of vii ix xix xxxi CHAPTER 1 GENERAL PRINCIPLES 1 Defining the Criminal Law 1 Background

More information

OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property.

OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. UNIT 2 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the different

More information

Criminal Justice: A Brief Introduction Twelfth Edition

Criminal Justice: A Brief Introduction Twelfth Edition Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes

More information

The learner can: 1.1 Define what is meant by a crime

The learner can: 1.1 Define what is meant by a crime Tech Level Unit Title: LAW OF CRIME Level: Level 3 Credit Value: 10 Guided Learning Hours 60 Learning outcomes The learner will: 1. Understand the principles of criminal liability Assessment criteria The

More information

LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011

LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 - CRIMINAL LAW SUGGESTED ANSWERS JUNE 2011 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

The Sources of and Limits on Criminal Law 1

The Sources of and Limits on Criminal Law 1 CONTENTS Preface xiii Acknowledgments About the Author xv xvii I. CHAPTER 1 The Sources of and Limits on Criminal Law 1 A. Introduction 1 1. The Purpose of Criminal Law 1 a) Morality and Blame 2 b) The

More information

UNIT 2 Part 1 CRIMINAL LAW

UNIT 2 Part 1 CRIMINAL LAW UNIT 2 Part 1 CRIMINAL LAW 1 OBJECTIVES: Differentiate between federal and state laws and develop understanding between crimes against people, and crimes against property. NBEA STANDARD I: Analyze the

More information

Criminal Law Outline intent crime

Criminal Law Outline intent crime This outline was created for the July 2006 Oregon bar exam. The law changes over time, so use with caution. If you would like an editable version of this outline, go to www.barexammind.com/outlines. Criminal

More information

Introduction to Criminal Law

Introduction to Criminal Law Introduction to Criminal Law CHAPTER CONTENTS Introduction 2 Crimes versus Civil Wrongs 2 Types of Criminal Offences 3 General Principles of Criminal Law 4 Accessories and Parties to Crimes 5 Attempted

More information

THE CRIMINAL EQUATION

THE CRIMINAL EQUATION THE CRIMINAL EQUATION Actus Reus + Mens Rea = CRIME Actus Reus Latin for guilty act This simply means the physical act of committing a crime 1 Mens Rea Latin for guilty In the Criminal Code you will find

More information

LEGAL STUDIES U1_AOS2: CRIMINAL LAW

LEGAL STUDIES U1_AOS2: CRIMINAL LAW LEGAL STUDIES U1_AOS2: CRIMINAL LAW Learning Intentions Learning Intentions: WWBAT understand and apply elements of a crime to crimes against a person. Offences Against the Person What are some of the

More information

CHIEF EXAMINER COMMENTS

CHIEF EXAMINER COMMENTS CHIEF EXAMINER COMMENTS WITH SUGGESTED ANSWERS JUNE 2018 LEVEL 3 UNIT 3 CRIMINAL LAW Note to Candidates and Learning Centre Tutors: The purpose of the suggested answers is to provide candidates and learning

More information

CHAPTER 14. Criminal Law and Juvenile Law

CHAPTER 14. Criminal Law and Juvenile Law CHAPTER 14 Criminal Law and Juvenile Law CRIMINAL LAW Chapter 14 Section I Case File and 345-347 Review the case file at the beginning of the chapter. Think about the situation (however exaggerated it

More information

FAULT ELEMENTS, STRICT LIABILITY AND ABSOLUTE LIABILITY. Generally involves an actus reus (guilty act) and mens rea (guilty mind).

FAULT ELEMENTS, STRICT LIABILITY AND ABSOLUTE LIABILITY. Generally involves an actus reus (guilty act) and mens rea (guilty mind). FAULT ELEMENTS, STRICT LIABILITY AND ABSOLUTE LIABILITY CRIME A wrong punishable by the State. Generally involves an actus reus (guilty act) and mens rea (guilty mind). Description of a prohibited behaviour

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2016 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

JURD7122/LAWS1022 Criminal Laws

JURD7122/LAWS1022 Criminal Laws JURD7122/LAWS1022 Criminal Laws MURDER... 5 ELEMENTS... 5 ACTUS REUS... 5 Voluntariness... 5 Ommission... 5 Causation... 5 MENS REA... 5 Heads of mens rea:... 5 Intention to kill... 5 Intention to inflict

More information

CRIMINAL LAW FINAL EXAM SUMMARY

CRIMINAL LAW FINAL EXAM SUMMARY CRIMINAL LAW FINAL EXAM SUMMARY Contents WEEK ONE CONTENT... Error! Bookmark not Woolmington v DPP [1935]... 7 Green v The Queen (1971)... 7 Youseff (1990)... 7 Zecevic v DPP (1987)... 7 WEEK 2 CONTENT...

More information

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set

More information

Introduction Crime, Law and Morality. Key Principles: actus reus, mens rea, legal personhood, doli incapax.

Introduction Crime, Law and Morality. Key Principles: actus reus, mens rea, legal personhood, doli incapax. Introduction Crime, Law and Morality Key Principles: actus reus, mens rea, legal personhood, doli incapax. Objective Principles: * Constructive-murder rule: a person may be guilty of murder, if while in

More information

MLL214 CRIMINAL LAW NOTES

MLL214 CRIMINAL LAW NOTES MLL214 CRIMINAL LAW NOTES Contents Topic 1: Course Overview... 3 Sources of Criminal Law... 4 Requirements for Criminal Liability... 4 Topic 2: Homicide and Actus Reus... Error! Bookmark not defined. Unlawful

More information

Course breakdown 1) Theory 2) Offences 3) Extended liability 4) Defences 5) Procedure

Course breakdown 1) Theory 2) Offences 3) Extended liability 4) Defences 5) Procedure Course breakdown 1) Theory a. Principles, classic model & criminal method b. Element analysis 2) Offences a. Dishonesty b. Unlawful killing c. Non-fatal offences against the person d. Sexual offences 3)

More information

Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks

Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks : : : : ( ) : : : : : / Choose the best choice and mark it on your answer sheet. Part A: Fill in the Blanks 1-The physical element of a crime is the 1. mens rea 2. actus reus 3. offence 4. intention 2-A

More information

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012 Note to Candidates and Tutors: LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JUNE 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

QUESTION What charges can reasonably be brought against Steve? Discuss. 2. What charges can reasonably be brought against Will? Discuss.

QUESTION What charges can reasonably be brought against Steve? Discuss. 2. What charges can reasonably be brought against Will? Discuss. QUESTION 2 Will asked Steve, a professional assassin, to kill Adam, a business rival, and Steve accepted. Before Steve was scheduled to kill Adam, Will heard that Adam s business was failing. Will told

More information

CRIM EXAM NOTES. Table of Contents. Weeks 1-4

CRIM EXAM NOTES. Table of Contents. Weeks 1-4 CRIM EXAM NOTES Weeks 1-4 Table of Contents Setup (jurisdiction, BOP, onus)... 2 Elements, AR, Voluntariness... 3 Voluntariness, Automatism... 4 MR (intention, reckless, knowledge, negligence)... 5 Concurrence...

More information

1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice.

1.2 Explain the nature of an actus reus. 1.4 Identify principal types of mens rea. 1.5 Explain the meaning and significance of transferred malice. Unit 3 Title: Criminal Law Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the fundamental principles of criminal liability Assessment criteria The learner can: 1.1 Define actus

More information

LAWS1021 Crime and the Criminal Process Intent and Reckless Indifference... Constructive Murder... Unlawful act causing manslaughter (reckless

LAWS1021 Crime and the Criminal Process Intent and Reckless Indifference... Constructive Murder... Unlawful act causing manslaughter (reckless LAWS1021 Crime and the Criminal Process Intent and Reckless Indifference... Constructive Murder... Unlawful act causing manslaughter (reckless indifference to human life) - involves reasonable man test...

More information

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM.  CRIMINAL LAW ESSAY I. PRINCIPLES OF CRIMINAL LAW a. Actus reus b. Mens rea c. Concurrence d. Causation II. III. ESSAY APPROACH www.barexamdoctor.com CRIMINAL LAW ESSAY ACCOMPLICE LIABILITY a. Elements of accomplice liability

More information

Florida Jury Instructions. 7.2 MURDER FIRST DEGREE (1)(a), Fla. Stat.

Florida Jury Instructions. 7.2 MURDER FIRST DEGREE (1)(a), Fla. Stat. Florida Jury Instructions 7.2 MURDER FIRST DEGREE 782.04(1)(a), Fla. Stat. When there will be instructions on both premeditated and felony, the following explanatory paragraph should be read to the jury.

More information

Homicide: Intent and Reckless Indifference [Week 1B]! Wednesday, 30 July 2014! 3:12 pm! Criminal Laws (Brown et al) [ ]!! Homicide: Murder and

Homicide: Intent and Reckless Indifference [Week 1B]! Wednesday, 30 July 2014! 3:12 pm! Criminal Laws (Brown et al) [ ]!! Homicide: Murder and Homicide: Intent and Reckless Indifference [Week 1B] Wednesday, 30 July 2014 3:12 pm Criminal Laws (Brown et al) [425-448] Homicide: Murder and Involuntary Manslaughter Patterns of Homicide: A Wallace,

More information

TABLE OF CONTENTS. Preface... Major Works Referred to... INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1

TABLE OF CONTENTS. Preface... Major Works Referred to... INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1 Preface... Major Works Referred to... v ix Chapter 1 INTRODUCTION: THE NEED TO ADOPT BROADER PERSPECTIVES... 1 A. Canada s Criminal Code... 2 B. Rocky Road to General Part... 4 C. Sources of Criminal Law...

More information

CHAPTER. Criminal Law

CHAPTER. Criminal Law CHAPTER 4 Criminal Law 1 Law A law is 2 What Do Laws Do? Laws help to: How do they do this? Give Example 3 Where are our laws? Laws are found in statutory provisions and constitutional enactments, as well

More information

Question With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss.

Question With what crime or crimes should Dan be charged? Discuss. 2. What defense or defenses might Dan assert? Discuss. Question 2 As Dan walked down a busy city street one afternoon, Vic, a scruffy, long-haired young man, approached him. For some time, Dan had been plagued by a pathological fear that long-haired transients

More information

Criminal Law in Greece

Criminal Law in Greece Criminal Law in Greece by Ilias G. Anagnostopoulos and Konstantinos D. Magliveras 2000 Kluwer Law International The Hague London Boston Sakkoulas Athens The Authors 3 List of Abbreviations 17 General Introduction

More information

Offences 3. S300 Unlawful homicide 3. S302(1)(a) Intentional Murder 4. S303 Manslaughter 7. S335 Common Assault 9

Offences 3. S300 Unlawful homicide 3. S302(1)(a) Intentional Murder 4. S303 Manslaughter 7. S335 Common Assault 9 4032LAW Exam Notes Offences 3 S300 Unlawful homicide 3 S302(1)(a) Intentional Murder 4 S303 Manslaughter 7 S335 Common Assault 9 S339 Assault occasioning bodily harm 10 S340 Serious assaults 11 S317 Acts

More information

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2012

LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2012 Note to Candidates and Tutors: LEVEL 3 UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2012 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2013 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington

JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW 3 Credit Hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised date: August 2014 Dr. Sandy Frey, Chair, Social Science Division

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS - JANUARY 2014 The purpose of the suggested answers is to provide students and tutors with guidance as to the key points students

More information

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018

LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018 Note to Candidates and Tutors: LEVEL 3 - UNIT 3 CRIMINAL LAW SUGGESTED ANSWERS JANUARY 2018 The purpose of the suggested answers is to provide candidates and tutors with guidance as to the key points candidates

More information

Criminal Law Doctrine and Theory

Criminal Law Doctrine and Theory Criminal Law Doctrine and Theory Third edition William Wilson Hartow, England - London New York Boston San f rancisco Toronto Sydney Tokyo Singapore Mong Kong Seoul Taipei New Delhi Cape Town Madrid Mexico

More information

MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT

MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT MLL214 CRIMINAL LAW 2013 MICHAEL KRIEWALDT THE FUNDAMENTALS OF CRIMINAL LAW 1 1. Introduction In this unit we are looking at the basic principles and underlying rationales of the substantive criminal law.

More information

JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington

JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW. 3 Credit Hours. Prepared by: Mark A. Byington JEFFERSON COLLEGE COURSE SYLLABUS CRJ112 CRIMINAL LAW 3 Credit Hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised Date: August 2014 Dr. Sandy Frey, Chair, Social Science Division

More information

Question What criminal charges, if any, should be brought against Art and Ben? Discuss.

Question What criminal charges, if any, should be brought against Art and Ben? Discuss. Question 3 After drinking heavily, Art and Ben decided that they would rob the local all-night convenience store. They drove Art s truck to the store, entered, and yelled, This is a stickup, while brandishing

More information

Slide 1. Slide 2 Basic denial defence which is used when the accused claims that he or she was not present at the time of the offence.

Slide 1. Slide 2 Basic denial defence which is used when the accused claims that he or she was not present at the time of the offence. Slide 1 (including Excuses and Justifications) Slide 2 Basic denial defence which is used when the accused claims that he or she was not present at the time of the offence. Independent evidence supporting

More information

SKILLS Workshop Series Academic Support:

SKILLS Workshop Series Academic Support: Criminal Law: Applying Test-taking Skills to Substantive Law Prof Homer: jhomer@law.whittier.edu Prof Dombrow: kdombrow@law.whittier.edu Prof Gutterud: hgutterud@law.whittier.edu SKILLS Workshop Series

More information

Québec Superior Court finds breach of OHSA can support committal to trial on manslaughter charge under Criminal Code

Québec Superior Court finds breach of OHSA can support committal to trial on manslaughter charge under Criminal Code Québec Superior Court finds breach of OHSA can support committal to trial on manslaughter charge under Criminal Code Date : November 23, 2016 The Québec Superior Court has just released (October 31) a

More information

Section 17 Lesser Evils Defense 535. Chapter Ten. Offenses Against the Person. Article One. Causing Death

Section 17 Lesser Evils Defense 535. Chapter Ten. Offenses Against the Person. Article One. Causing Death Section 17 Lesser Evils Defense 535 THE LAW Israeli Penal Law (1995) (5737-1977, as amended in 5754-1994) Section 298. Manslaughter Chapter Ten. Offenses Against the Person Article One. Causing Death If

More information

CRIMINAL LITIGATION PRE-COURSE MATERIALS

CRIMINAL LITIGATION PRE-COURSE MATERIALS Legal Practice Course 2014-2015 CRIMINAL LITIGATION PRE-COURSE MATERIALS Copyright Bristol Institute of Legal Practice, UWE AN INTRODUCTION TO CRIMINAL LITIGATION 1. Introduction: You will be studying

More information

Criminal Justice in America CJ Chapter 4 James J. Drylie, Ph.D.

Criminal Justice in America CJ Chapter 4 James J. Drylie, Ph.D. Criminal Justice in America CJ 2600 Chapter 4 James J. Drylie, Ph.D. Criminal Law Law is a rule of conduct that is generally found in the form of a statute. Law proscribes or mandates certain forms of

More information

Comparative Criminal Law 6. Defences

Comparative Criminal Law 6. Defences Comparative Criminal Law 6 Defences 11.03.2013 Content Defenses. Infringement. Guilt. Corporate responsibility. Two, three or more elements? Actus reus and mens rea (-defenses) Actus reus, infringement

More information

CRIMINAL LAW SUMMARY 2011

CRIMINAL LAW SUMMARY 2011 SUMMARY 2011 LAWSKOOL PTY LTD CONTENTS PRE-TRIAL PROCEDURES DISCRETION TO ARREST Internal police guidelines LEGALITY OF ARREST POLICE INTERVIEW IN CUSTODY PHYSICAL ELEMENTS Conduct Conduct which occurs

More information

Strict liability and honest and reasonable mistake of fact defence

Strict liability and honest and reasonable mistake of fact defence Strict liability and honest and reasonable mistake of fact defence Case Proudman v Dayman SRA v Hunter District Water Board Proudman v Dayman CTM Note Dixon J held that liability is strict in relation

More information

Hart s View Criminal law should only act on bare minimum and it should not extend into the private realm

Hart s View Criminal law should only act on bare minimum and it should not extend into the private realm NATURE OF CRIMINAL LAW AND CRIMINAL RESPONSIBILITY What is Crime? Two thought pools: Criminal law not linked to central morals of society Views of positivists Criminal law is linked to morals or views

More information

CRIMES (AMENDMENT) ACT 1989 No. 198

CRIMES (AMENDMENT) ACT 1989 No. 198 CRIMES (AMENDMENT) ACT 1989 No. 198 NEW SOUTH WALES TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of Crimes Act 1900 No. 40 ASSAULT SCHEDULE 2 - AMENDMENTS RELATING TO PENALTIES CRIMES

More information

(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years. SAMPLE Aggravated Assault s 59 Assault Occasioning ABH 59 Assault occasioning actual bodily harm (1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment

More information

692 Part VI.b Excuse Defenses

692 Part VI.b Excuse Defenses 692 Part VI.b Excuse Defenses THE LAW New York Penal Code (1999) Part 3. Specific Offenses Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article

More information

ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row:

ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW. Name: Period: Row: ADMINISTRATION OF JUSTICE GENERAL ASPECTS OF CRIMINAL LAW Name: Period: Row: I. INTRODUCTION TO CRIMINAL LAW A. Understanding the complexities of criminal law 1. The justice system in the United States

More information

Criminal Law II Overview Jan June 2006

Criminal Law II Overview Jan June 2006 Inchoate Liability Incitement Incitement is the common law offence (see Whitehouse [1977]) of influencing the mind of another whilst intending him to commit a crime. Its actus reus is the actual communication

More information

Children Law - Barbados Abortion; Child stealing; Concealment of birth; Endangering life of children; Infanticide

Children Law - Barbados Abortion; Child stealing; Concealment of birth; Endangering life of children; Infanticide Country Code: BB 1994 ACT 18 Title: Country: OFFENCES AGAINST THE PERSON ACT BARBADOS Reference: 18/1994 Date of entry into force: September 1, 1994 Date of Amendment: Subject: Key words: Children Law

More information

Part of the requirement for a criminal offence. It is the guilty act.

Part of the requirement for a criminal offence. It is the guilty act. Level 1 Award/Certificate/Diploma in Legal Studies Glossary of Terms Term Action Actus reus Barrister Breach of duty of care Case law Chartered Legal Executive Civil law Claimant Common law compensation

More information

Answers to practical exercises

Answers to practical exercises Answers to practical exercises Chapter 15: Answering problem questions Page 360: Evaluation/Marking Exercise Evaluating the work of others can be a really powerful way of improving your own work. The question

More information

Credit: 3 semester credit hours Prerequisite/Co-requisite: None. Course Description. Required Textbook and Materials

Credit: 3 semester credit hours Prerequisite/Co-requisite: None. Course Description. Required Textbook and Materials Fundamentals of Criminal Law (CJSA 1327) Credit: 3 semester credit hours Prerequisite/Co-requisite: None Course Description A study of the nature of criminal law; philosophical and historical development;

More information

21. Creating criminal offences

21. Creating criminal offences 21. Creating criminal offences Criminal offences are the most serious form of sanction that can be imposed under law. They are one of a variety of alternative mechanisms for achieving compliance with legislation

More information

SOC 3395: Criminal Justice & Corrections Lecture 3: Criminal Law & Criminal Justice in Canada 1

SOC 3395: Criminal Justice & Corrections Lecture 3: Criminal Law & Criminal Justice in Canada 1 SOC 3395: Criminal Justice & Corrections Lecture 3: Criminal Law & Criminal Justice in Canada 1 * Today we begin considering the role of law in society. This includes such issues as: - what is an offence

More information

CRIMINAL LAW. Problem Question Notes. PRINCIPLES... 1 Capacity Actus Reus Mens Rea... 4 Coincidence... 6!

CRIMINAL LAW. Problem Question Notes. PRINCIPLES... 1 Capacity Actus Reus Mens Rea... 4 Coincidence... 6! CRIMINAL LAW Problem Question Notes PRINCIPLES... 1 Capacity... 2 Actus Reus... 3 Mens Rea... 4 Coincidence... 6 OFFENCES... 7 Common Assault... 8 Actus Reus... 8 Mens Rea... 9 Consent to Harm... 10 Aggravated

More information

Peak, Introduction to Criminal Justice, 2e. Chapter 2 Foundations of Law and Crime: Nature, Elements, and Defenses

Peak, Introduction to Criminal Justice, 2e. Chapter 2 Foundations of Law and Crime: Nature, Elements, and Defenses , 2e Instructor Resource Chapter 2 Foundations of Law and Crime: Nature, Elements, and Defenses The laws in place today in the United States originated from a long line of historical events, including

More information

MLL214&'CRIMINAL'NOTES' ''''''! Topic 1: Introduction and Overview

MLL214&'CRIMINAL'NOTES' ''''''! Topic 1: Introduction and Overview ! Topic 1: Introduction and Overview Introduction Criminal law has both a substantive and procedural component. o Substantive: defining and understanding the constituent elements of the various common

More information

Plaintiff Entrapment Municipal Hearsay Substantive Trafficking Counter Claim Provocation Probation Justice of the peace

Plaintiff Entrapment Municipal Hearsay Substantive Trafficking Counter Claim Provocation Probation Justice of the peace Mr. Thorburn CLU 3M1 January 2015 Review all tests, notes, handouts and other material from the entire semester. 1) Read all instructions and exam questions carefully. 2) Write your name on the top of

More information

Criminal Law, 10th Edition

Criminal Law, 10th Edition Criminal Law, 10th Edition Chapter 02: Principles of Criminal Liability Multiple Choice 1. One who actually commits the act that causes a crime to occur is a a. principal actor b. principal in the first

More information

1 California Criminal Law (4th), Crimes Against the Person

1 California Criminal Law (4th), Crimes Against the Person 1 California Criminal Law (4th), Crimes Against the Person I. ASSAULT AND BATTERY A. In General. 1. Nature of Offenses. (a) [ 1] In General. (b) [ 2] Relationship Between Offenses. (c) [ 3] Classification

More information

Consultation Paper on Homicide, Assault & Sentencing in the Somaliland Penal Code March 2015

Consultation Paper on Homicide, Assault & Sentencing in the Somaliland Penal Code March 2015 Consultation Paper on Homicide, Assault & Sentencing in the Somaliland Penal Code March 2015 Mansoor Area Hargeisa, Somaliland +252 (0) 633 751063 +252 279 940 957 P.O. Box 691-00621 Nairobi, Kenya +254

More information

MLL214 Criminal Law Exam Notes and Cases

MLL214 Criminal Law Exam Notes and Cases MLL214 Criminal Law Exam Notes and Cases 1 Topic 1 Introduction to Criminal Law Contents Page Page 6: Fundamentals of Criminal Law Page 7: Strict Liability Page 8: Absolute Liability Page 9: Case: He Kew

More information

LLB130 NOTES !!!!!!!!

LLB130 NOTES !!!!!!!! ! LLB130 NOTES!!!!!!!! Contents Defining Crime 4 Components of Criminal Offences I 9 General Principles 9 Actus Reus and Mens Rea 10 Actus Reus 11 Mens Rea 14 Criminal Responsibility and the Burden of

More information

The defendant has been charged with first degree murder.

The defendant has been charged with first degree murder. Page 1 of 11 206.14 FIRST DEGREE MURDER - MURDER COMMITTED IN PERPETRATION OF A FELONY 1 OR MURDER WITH PREMEDITATION AND DELIBERATION WHERE A DEADLY WEAPON IS USED. CLASS A FELONY (DEATH OR LIFE IMPRISONMENT);

More information

CRIMINAL LAW OUTLINE1

CRIMINAL LAW OUTLINE1 DAN WILSON'S OUTLINES My outlines are not intended to be definitive, comprehensive treatments of the various subjects. They are offered to show the thought processes of a successful bar study process.

More information

Elements of a Crime. Actus Reus: The guilty act the voluntary action, omission, or state of being that is forbidden by the criminal code.

Elements of a Crime. Actus Reus: The guilty act the voluntary action, omission, or state of being that is forbidden by the criminal code. Elements of a Crime To convict a person of a criminal offence in Canada, the Crown must usually prove that two elements existed at the time the offence was committed: the act itself, and the intention

More information

Index. All references are to page numbers. assault de minimis non curat lex defence, 32 police officer, on a, 7

Index. All references are to page numbers. assault de minimis non curat lex defence, 32 police officer, on a, 7 Index All references are to page numbers. A Aboriginal sentencing principles Aboriginal women, 291 basic principles, 282 generally, 282 manslaughter, 291, 293 practical framework, 286 street gangs, 293

More information

DRUNKENNESS AS A DEFENCE TO MURDER

DRUNKENNESS AS A DEFENCE TO MURDER Page 1 DRUNKENNESS AS A DEFENCE TO MURDER Criminal Law Conference 2005 Halifax, Nova Scotia Prepared by: Joel E. Pink, Q.C. Joel E. Pink, Q.C. & Associates 1583 Hollis Street, Ste 300 Halifax, NS B3J 2P8

More information

California Bar Examination

California Bar Examination California Bar Examination Essay Question: Criminal Law/Criminal Procedure/Constitutional Law And Selected Answers The Orahte Group is NOT affiliated with The State Bar of California PRACTICE PACKET p.1

More information

Inspectors OSPRE Part 1 Statistics - Crime

Inspectors OSPRE Part 1 Statistics - Crime Inspectors OSPRE Part 1 Statistics - Crime Topic 2008 2009 2010 2011 2012 Probability Ratings 1 Question 5 Questions 4 Questions 3 Questions 3 Questions 3.2 Questions Child abduction Child Abduction x

More information