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Paiges legal
| Question | Answer |
|---|---|
| Bicameral | A parliament consisting of two houses, the lower house and the upper house. |
| Bicameral - Victorian parliament | The lower house is known as the Legislative Assembly and the Upper house is known as the Legislative council |
| Elements of a crime | Mens rea - A guilty mind Actus rea - A wrongful act Example -A person accused of theft must have taken the victims property and must have had the intention o keeping it. |
| Summary offences | Summary offences are minor criminal offences, heard in front of a magistrates (speeding) |
| Indictable offences | Are serious criminal offences heard infront of a judge and jury (murder) |
| Suggest an appropriate sanction for a person that has been found guilty of an indictable offence. | Imprisonment. This is because prison protects a community from the offender and acts as a deterrent to others who may be thinking of committing a similar crime. |
| Robbery | It is a theft that involves force or the fear of force, with the presence of a fire arm, an offensive of an explosive. |
| Burglary | Refers to when you enter a premises without permission, with the intent to either to steal something from the building or commit an offence involving assault or damage. |
| Theft | To be found guilty of theft you must be found guilty of all the below; Dishonesty, Belonging to another, intention of permanently depriving |
| Appeal | To ask a higher court to review a decision of a lower court |
| The adversary system | The system of train where opposing parties present a case before an impartial adjudicator |
| Role of the parties in the adversary system | - The prosecution and the defence are responsible for preparing and presenting their case. - The parties may be represented by lawyers in court. |
| Role of the judge in the adversary system | The judge acts as an impartial adjudicator. they act as an umpire or referee who is responsible for ensuring that all parties observe the rules and evidence and procedure for the conduct of a case |
| The burden of proof in the adversary system | Is always the prosecution |
| The standard of proof in the adversary system | Is that in all criminal cases the accused must be proven guilty beyond reasonable doubt. |
Created by:
Paige Culhane
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