Free HSC Legal Studies Flashcard Review

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Define actus reus

The guilty act; physical element of a crime; the actual commission of an act prohibited by law

Define mens rea

The guilty mind; mental element of an offence; includes intention, recklessness, or negligence

Define strict liability

Offences where criminal responsibility attaches without proof of mens rea; defendant guilty based solely on actus reus

Distinguish indictable from summary offences

Indictable: serious crimes heard in District/Supreme Court with jury possible; summary: less serious heard in Local Court without jury

Outline NSW criminal procedure

Investigation, arrest and bail, committal proceedings, trial, verdict, sentencing

Define bail

Release from custody with conditions before trial; granted if defendant not flight risk

Define committal hearing

Preliminary examination in Local Court to determine if sufficient evidence to commit accused to higher court

Define self-defence

Right to use force reasonably necessary to protect self, others, or property from unlawful attack

Define duress

Defence where defendant commits act under immediate threat of death or serious injury; unavailable for murder

Define insanity/mental illness defence

Defence where defendant did not know nature of act or didn't know it was wrong due to disease of mind

State purposes of punishment

Retribution, deterrence, rehabilitation, incapacitation, restoration

Define UDHR

Universal Declaration of Human Rights; UN 1948; aspirational standards for human rights; non-binding

Define ICCPR

International Covenant on Civil and Political Rights; binding UN treaty 1976; Australia is signatory

Define ICESCR

International Covenant on Economic, Social and Cultural Rights; binding UN treaty 1976

Name UN human rights enforcement bodies

UN Human Rights Council; Human Rights Committee; Committee on Economic Social Cultural Rights; Special Rapporteurs

Explain the AHRC role

Australian Human Rights Commission: investigates complaints, educates on rights, advises government, conducts inquiries

Define state human rights charter

Statutory protection at state level (VIC, ACT); lists protected rights; provides legal remedies

Explain NSW human rights protections

Common law rights; statutory protections; complaint mechanisms; no comprehensive charter

Define refugee law

Legal framework for persons fleeing persecution; 1951 Refugee Convention and 1967 Protocol establish definition

Define non-refoulement

International principle: no person returned to country where they face persecution, torture, or serious harm