Criminal Law Exam Notes

Description

WHAT IS THE SOURCE OF CRIMINAL LAW IN NSW? 3 WHAT IS A CRIME? 3 STATUTORY OFFENCES 5 THE ELEMENTS OF THE OFFENCE HAVE BEEN PROVED, BUT THERE IS AN APPLICABLE DEFENCE 5 PROPERTY OFFENCES: LARCENY (INCLUDING LARCENY BY MISTAKE) 6 Motor Vehicles-Specific Larceny Provisions 6 CODIFICATION OF PROPERTY OFFENCES 7 PENALTIES FOR LARCENY 7 BASIC LARCENY 7 FRAUD: SECTIONS 192B-192H CRIMES ACT 1900 13 OBTAINING FINANCIAL ADVANTAGE INCLUDES 14 ROBBERY; ASSAULT WITH INTENTION TO ROB; AND STEAL FROM PERSON 19 ELEMENTS OF ROBBERY 19 AGGRAVATED ROBBERY 20 ASSAULT 21 TYPES OF ASSAULT 21 SIMILAR AGE DEFENCE 41 THE CONDUCT (PHYSCIAL ELEMENTS) OF MURDER THE CONDUCT OF MURDER 42 ELEMENTS OF MURDER 42 PHYSICAL ELEMENTS OF MURDER AND MANSLAUGHTER 43 PHYSIAL ELEMENTS OF MURDER AND MANSLAUGHTER (CONT.)-DEATH OF A HUMAN BEING 43 PHYSICAL ELEMENTS OF MURDER AND MANSLAUGHTER (CONT.)-CAUSATION 44 THE MINDS (MENTAL ELEMENTS) OF MURDER AND INVOLUNTARY MANSLAUGHTER THE MENTAL ELEMENTS OF MURDER 46 INTENTION TO KILL 46 EXTREME PROVOCATIONTHE DEFENCE OF EXTREME PROVOCATION -SECTION 23 CRIMES ACT 1900 51 HISTORICAL BACKGROUND 52 ELEMENTS OF EXTREME PROVOCATION 53 CONDUCT OF THE DECEASED TOWARDS OR AFFECTING THE ACCUSED 53 THE CONDUCT OF THE DECEASED IS A SERIOUS INDICTABLE OFFENCE 53 THE CONDUCT OF THE DECEASED CAUSED THE DEFENDANT TO LOSE SELF CONTROL 54 THE CONDUCT OF THE DECEASED WOULD HAVE CAUSED AN ORDINARY PERSON TO LOSE SELF CONTROL SO AS TO FORM AN INTENTION TO KILL OR CAUSE GBH 55 First Limb-Gravity of Provocation 55 Second Limb-Reaction of the Defendant 55 SELF INDUCED INTOXICATION AND CONDUCT WHICH CANNOT BE EXTREME PROVOCATION 56 SELF DEFENCE SELF DEFENCE: THE POSITION AT COMMON LAW 57 SELF DEFENCE: THE POSITION IN NSW 58 Self Defence and Self-Induced Intoxication 59 ‘EXCESSIVE’ SELF DEFENCE REDUCING MURDER TO MANSLAUGHTER-SECTION 421 CRIMES ACT 60 SELF DEFENCE-EXAMPLES OF WHEN THE DEFENCE SUCCEEDED AND FAILED 61 THE DEFENCE OF DURESS 62 ELEMENTS OF DURESS 62 The Objective Element of Duress 64 DURESS: TYPE OF HARM - THREAT REASONABLE BELIEF 65 DURESS: ORDINARY FIRMNESS OF MIND 65 DURESS-PURPORTED EXPERT EVIDENCE OF A PSYCHIATRIST OF MATTERS THAT ARE NOT THE PROPER SUBJECT OF EXPERT EVIDENCE 66 DURESS- VOLUNTARY INVOLVEMENT WITH CRIMINAL GROUP 66 DURESS: MURDER (IN SOME CIRCUMSTANCES) EXCLUDED 67 DEFENCES OF: (1) NECESSITY; (2) INSANITY AND (3) DIMINISHED 68 THE DEFENCE OF NECESSITY 68 THE DEFENCE OF NECESSITY-DOES NOT APPLY TO MURDER 69 THE DEFENCES OF (1) INSANITY; AND (2) DIMINISHED RESPONSIBILITY 70 THE DEFENCE OF INSANITY-ELEMENTS 70 DIMINISHED RESPONSIBILITY: S 23A CRIMES ACT 1900 (NSW) 71 THEDEFENCE OF AUTOMATISM 73 AUTOMATISM-DISTINCTION BETWEEN THE DEFENCES OF INSANITY AND AUTOMATISM 73 THE DEFENCE OF AUTOMATISM-ELEMENTS 74 INTOXICATION 76 INTOXICATION-THE POSTION AT COMMON LAW 76 COMPLICITY 81 COMPLICITY-JOINT CRIMINAL ENTERPRISE 86 ATTEMPT-INTRODUCTION 88 ATTEMPT-ELEMENTS 89 ATTEMPT-THE MENS REA OF ATTEMPTED MURDER 90 CRIMINAL PROCEDURE IN NSW POWERS OF INVESTIGATION 91 POWERS OF INVESTIGATION-WARRANTS 93 POWERS OF INVESTIGATION-SEARCH WARRANTS 94 POWER OF INVESTIGATION-ENTRY INTO PREMISES WITHOUT SEARCH WARRANT 94 POWERS OF INVESTIGATION-TERRORISM OFFENCES 95 POWERS OF ARREST 95 ARREST WITHOUT WARRANT 95 DEFINITION OF ARREST 97 ARREST-THE USE OF REASONABLE FORCE TO EFFECT AN ARREST 99 ADMISSIONS-PROVISIONS OF THE EVIDENCE ACT 1995 (NSW) REGARDING EXCLUSION OF THE ADMISSION FROM EVIDENCE AT THE TRIAL 103