 
- Criminal Law Summary Notes!
What's in the Criminal Law Summary Notes?
Our Criminal Law Summary Notes will provide you with a clear and complete synthesis of the most important points you need for your Criminal Law exam. The table of contents of our Criminal Law Summary Notes is shown below.
Table of Contents for Criminal Law Summary Notes
1. Introduction. 5
A. How to use Cram Notes. 5
2. Background
�V Do the components of the Criminal Offence exist? 5
A. Actus Reus. 5
i. Is
there an Act or an Omission?. 5
ii. Was there
Voluntariness?. 5
iii. Consider the
Circumstances & Consequence. 6
B. Mens rea. 6
i. Subjective
vs objective. 6
ii. Absolute vs
strict liability. 7
iii. Presumption of mens
rea in statute. 7
iv. Was there
Intention?. 8
v. Was there
Recklessness or Malice?. 8
vi. Was there Criminal
negligence?. 9
vii. Was there Wilful
Blindness?. 9
viii. As to Circumstances?. 9
C. Is there coincidence of actus reus
and mens rea?. 9
D. What is the burden of proof? Is it
made out?. 9
3. What
Criminal Offence did the accused allegedly commit? 10
A. Homicide. 10
i. Murder 10
1) Intent to kill or inflict
grievous bodily harm.. 10
2) Reckless indifference. 10
3) Constructive murder 11
ii. Manslaughter 11
1) By unlawful act 11
2) By criminal negligence. 12
3) Homicide by omission. 13
iii. Causation. 13
B. Assault 14
i. Elements
of assault 14
ii. Apprehension
of violence. 14
iii. Application of
force. 15
iv. Aggravated assault 15
C. Sexual assault 15
D. Indecent assault 17
E. Act of indecency. 17
F. Dishonest acquisition.. 18
i. Larceny. 18
ii. Robbery. 20
iii. Obtaining Money or
Property by deception. 20
iv. False Pretence. 21
G. Drugs. 22
i. Terminology. 22
ii. Summary
Offences. 22
1) Possession. 22
2) Awareness. 23
3) Minute quantities. 23
iii. Indictable Offences. 23
1) Prohibited drugs and
plants. 23
2) Supply. 24
H. Public Order Offences. 26
i. Public
Places. 26
ii. Offensive
Behaviour and Language. 26
iii. Public
Assemblies. 27
iv. Riot and Affray. 28
4. Was
the Accused part of a Criminal Group? 28
A. Did the accused assist before the
crime was committed?. 28
i. Attempt 28
ii. Conspiracy. 29
1) Existence of the
agreement 30
2) Intent to perform
unlawful act 30
3) Intent to agree to
perform act as a group (Giorgianni) 30
4) Scope of agreement 30
5) Impossible conspiracies. 30
B. Did the accused assist after the
crime was committed?. 30
i. Complicity. 30
ii. Joint
Criminal Enterprise (JCE) 31
1) Principals in the first
degree. 31
2) Doctrine of Common Purpose. 32
iii. Accessorial
Liability (Principals in the Second Degree) 32
C. Incitement 34
5. What
Defences are available to the Accused? 34
A. Mental Illness (Insanity / Insane
Automatism) 34
B. Automatism (Sane Automatism) 35
C. Provocation.. 36
i. Provoking
Circumstance. 36
ii. Ordinary
Person test 37
iii. Loss of Self
Control 37
D. Substantial Impairment 37
E. Intoxication.. 38
i. Self
Induced Intoxication - Murder 38
ii. Self Induced
Intoxication - Manslaughter 38
iii. Self Induced
Intoxication - Specific Intent Offences (e.g. assault) 38
iv. Not self-induced
intoxication. 39
F. Self-Defence. 39
G. Voluntariness. 39
6. Defects
in the Criminal Process. 39
A. Was there a Miscarriage of Justice?. 39
B. Was there a Fair Trial? Was the
accused��s conviction Constitutional?. 40
i. Trial
By Jury. 40
1) Kingswell (1985) 40
2) Cheatle (1993) 40
ii. Preventative
Detention. 40
1) Kable v DPP (NSW) (1996) 40
7. Themes
to be explored in Essay Questions. 40
A. Discretion in criminal processes and
the judicial system... 40
B. The two tiered justice system... 41
C. Pre-trial process. 42
i. The
role of the police. 42
ii. The role of
the prosecutor 42
iii. Guilty pleas &
Plea Bargaining. 42
D. Technocratic Justice. 42
i. Crime
control model 42
ii. Due process
model 43
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