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The Great Escape

In: Historical Events

Submitted By ilovegoohara
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Year 12 Legal Studies Notes
Focus Study: Crime
Key Legal Concepts and Features of the Legal System

Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties

Types of Crimes

Offences against the person
Offences against the person are defined as acts that intend to cause harm or injury to the victim

Homicide

Definition: is the unlawful killing of one person by another

* Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder)

Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence |

Stats:

Murder:

* In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment

Manslaughter:

* In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum penalty is 25 years in gaol but offender may not go to gaol, may receive a lesser penalty or be acquitted

Assault and Battery

Assault Definition: Assault is the threatening to do violence to someone

Battery Definition: Battery is the attacking of another, causing actual physical...

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