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Define: Crime
A crime is any act or omission, which harms society and the individuals in it for which a punishment
has been determined by the law and is enforced by the state
Criminal law differs from civil law, as civil law relates to rights and responsibilities between
individuals
C] Strict Liability
D] Causation
Outline: Causation
This refers to the act being the substantial cause of the crime. The prosecution must show that there
is a link between the act and the harm caused by it
EXAMPLE: Case Law: R v. Blaue (1975)
E] Categories of Crime
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Offences against the person
Crimes involving physical injury to the victime
Drug offences
Crimes invivling obtainment, sale of traffic of drugs
Driving offences
Crimes invilging motor vehicles
E.g speeding, drunkin driving
STRICT LIABILITY IN MOST CASES -> porve the act
Preliminary Crimes
Crimes that occur in the lead upt to criminals committing another type of offence
Occrus befire the real deal
CcONSPIRIACY> aTTEMPT? eCONOMIC OFFENCE
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LEGAL STUDIES PART I - CRIME
G] Parties to a Crime
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3. Guilty Plead or not Guilty
4. Trial
o Defences
o Burden/Standard of proof (Beyong reasonable doubt)
o Legal Aid (Means test)
o Political on complete
5. Verdict (Role of the jury)
Court Jurisdiction
1. High Court
2. Superior Courts e.g. CCA, Supreme
3. Intermediate Courts e.g. District Court
4. Lower Courts e.g. Local Court
Advantages
-Equal opportunity to present case (judge can’t intervene with trial)
-Less prone to bias (judge can’t be selective in the evidence or argument they hear)
-Involves juries = more reflective of society as a whole
Disadvantages
- Ability of the lawyer – big impact on the verdict – potential for inequality
-Judges can’t get evidence = decisions made without the full scope of evidence available
-Juries can misunderstand evidence or legal arguments inaccurate judgement
Adversary System
Advantages
-Equal opportunity to present case (judge can’t intervene with trial)
-Less prone to bias (judge can’t be selective in the evidence or argument they hear)
-Involves juries = more reflective of society as a whole
Disadvantages
- Ability of the lawyer – big impact on the verdict – potential for inequality
-Judges can’t get evidence = decisions made without the full scope of evidence available
-Juries can misunderstand evidence or legal arguments inaccurate judgement
Legal Personnel
-Police prosecutor/public prosecutor (DPP) – represent the victim.
-Public Defender – represent the accused.
-Magistrate – lower courts.
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LEGAL STUDIES PART I - CRIME
Legal representation
-No automatic right – not guaranteed despite that it is important for a fair trial – limited implied
right in serious cases where there is a risk that the trial would be unfair Dietrich v the Queen 1992.
-Legal aid – government organisation – crucial as they are responsible for a huge amount of trials
and hire public defenders in big cases, however, they do not have unlimited resources.
Who gets legal representation? Legal aid uses a 3-point test.
1.Means test – can you afford legal representation yourself?
2.Merit test – deciding whether the case is likely to succeed – chances of winning. If there is CCTV
of you committing the crime, would they bother?
3.Jurisdiction test – can legal aid deal with this area? Medical negligence and defamation are not
covered by legal aid.
The prosecution offers to lower charges for a guilty plea – prosecution may offer
manslaughter instead of murder for someone who is pleading guilty – 25% reduction
potentially.
Advantage – charge negotiation saves time and money, increases the likelihood that the
offender committed the crime for lower offences.
Disadvantage – the offender may not be punished for crimes they did not commit. If they
committed murder should they not be convicted for murder
Complete Defenses
The defendant is found not guilty
1. Mental illdness
2. Self-Defence
3. Necesssity
4. Duress
5. Consent
Legal Aid
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Legal representation in court
Provide legal advice for free
Individuals who do not have financial means to support themselves through a serious
criminal trial
Use of Juries
There are 2 ways verdicts can be delivered
1. Unanimity – All 12 juries agree
2. Majority – 11 jurors agree, 1 may disagree
3. Introduction to NSW – Consider resource efficiency -> Time and Cost