Criminal Law Study Notes
CRIMINAL LAW A
Criminal Law Introduction p: 2 Role of Criminal Law p: 4 Elements of a Crime p: 4 Strict and Absolute liability p: 5 Negligence
Murder p: 6 Murder – different statutory approaches p: 6-8 Elements of murder p: 8 Pre-existing susceptibility
Voluntary Manslaughter p: 9-10 Provocation (and abnormality of mind, excessive self defence)
Involuntary Manslaughter p: 11-12 Unlawful and dangerous act p: 12-13 Criminal negligence
Criminal Procedure and Evidence - Investigation to Bail p: 14 Summary and indictable offences p: 14-18 LEPRA p: 18 Commencing proceedings p: 18-19 Bail p: 19 Evidence
CRIMINAL LAW INTRODUCTION
Crime = offence against the State, illegal act or omission
Mens rea: ‘guilty mind’ - state of mind
Actus reus: ‘guilty act’ - action, external element or the objective element of a crime
Causation relation of cause to effect. Actus reus from which the effect arose and is combined with mens rea to comprise the elements of guilt.
Concurrence need to prove the simultaneous occurrence of both actus reus and mens rea to constitute a crime, except crimes of strict liability.
Administered by individ jurisdictions in the Commonwealth: 6 states, comwth gov, self-gov territories
It is in large part a matter for the states, with only a small subset of criminal activities reserved for Commonwealth gov to prosecute.
Recent decades, Commonwealth has increas encroached on state powers.
Eg Human Rights (Sexual Conduct) Act of 1994 overrode sodomy laws (sexual acts as crimes) contained in the criminal code of Tas, 1st time a Commonwealth law was expressly used to counteract state leg.
Crimes Act 1900 crimes and punishments
Crimes Act 1914 authorities instructions on manner to conduct investigations & sentencing
Criminal Code 1995 elements of an offence,
Criminal Law Introduction p: 2 Role of Criminal Law p: 4 Elements of a Crime p: 4 Strict and Absolute liability p: 5 Negligence
Murder p: 6 Murder – different statutory approaches p: 6-8 Elements of murder p: 8 Pre-existing susceptibility
Voluntary Manslaughter p: 9-10 Provocation (and abnormality of mind, excessive self defence)
Involuntary Manslaughter p: 11-12 Unlawful and dangerous act p: 12-13 Criminal negligence
Criminal Procedure and Evidence - Investigation to Bail p: 14 Summary and indictable offences p: 14-18 LEPRA p: 18 Commencing proceedings p: 18-19 Bail p: 19 Evidence
CRIMINAL LAW INTRODUCTION
Crime = offence against the State, illegal act or omission
Mens rea: ‘guilty mind’ - state of mind
Actus reus: ‘guilty act’ - action, external element or the objective element of a crime
Causation relation of cause to effect. Actus reus from which the effect arose and is combined with mens rea to comprise the elements of guilt.
Concurrence need to prove the simultaneous occurrence of both actus reus and mens rea to constitute a crime, except crimes of strict liability.
Administered by individ jurisdictions in the Commonwealth: 6 states, comwth gov, self-gov territories
It is in large part a matter for the states, with only a small subset of criminal activities reserved for Commonwealth gov to prosecute.
Recent decades, Commonwealth has increas encroached on state powers.
Eg Human Rights (Sexual Conduct) Act of 1994 overrode sodomy laws (sexual acts as crimes) contained in the criminal code of Tas, 1st time a Commonwealth law was expressly used to counteract state leg.
Crimes Act 1900 crimes and punishments
Crimes Act 1914 authorities instructions on manner to conduct investigations & sentencing
Criminal Code 1995 elements of an offence,