10 Legal T1

Effective Law

• Effective law allows the rule of law to operate effectively within society.

• Requirements for effective law include reflecting society's values, being fairly enforceable, known of its existence, clear and understood, and stable.

• Customs are traditions.

Common Law Elements of a Criminal Offence

• An act or omission (Failure to do) which renders the person doing the act or making the omission liable to punishment is called an offence.

Sentencing Discretion

• Sentencing discretion refers to the authority granted to judges to determine appropriate penalties for offenders, considering various factors.

Features and Purpose of the Australian Constitution

• The Australian Constitution is the foundation Australia is built on. It contains 8 chapters and 128 sections with 6 governments and 2 Houses, and can be changed by a referendum. The purpose of the Constitution is to have a foundation for the government to create Laws and Acts.

Elements and Penalty of Public Nuisance

• Public nuisance is a legal term that refers to acts that significantly interfere with the rights of the public or a community. The elements of an offence include the existence of an unreasonable interference with public rights, causing harm to the public at large. Penalties can vary, including fines and other legal consequences, depending on severity.

Three Sources of Law

• The Australian Constitution, Statue Law (Parliament), Common Law (Courts)

Indictable vs. Non-Indictable Offence

• Non-Indictable Offence: Minor offences that are not heard by a Judge or a Jury
• Indictable Offence: Serious offences that are heard by a Judge or Jury.

Murder vs. Manslaughter

• Murder: The killing of a person with the intent to do so.
• Manslaughter: The killing of a person without the intent to do so.

Criminal Behaviour

• Criminal behaviour refers to actions that violate legal statutes. These actions can range from minor offenses to serious crimes. Understanding the motivations behind such behaviours is crucial for prevention and rehabilitation. Factors influencing criminal behaviour include socio-economic status, psychological issues, and environmental influences. By studying patterns of criminal activity, law enforcement and researchers can develop effective strategies to deter crime and support affected individuals.
• Criminal behavior is typically defined as actions that violate laws established by a governing authority. These actions can range from minor infractions, like petty theft, to serious offenses such as homicide. Factors including intent, societal norms, and legality are crucial in determining whether an act is considered criminal.

Actus Reus and Mens Rea

• Actus Reus: The concept of the physical act of the crime (Committing the act)
• Mens Rea: The concept of the mental element of the crime (Intent/Guilty mind).

Making Statute Law in Queensland

• The process starts with the bill being made, then it gets presented to parliament, then the committee goes into consideration (six months maximum), then the committee does a report. The bill is then read a second time by the minister who has the ability to speak on it, then it is debated. The legislative assembly then debates the clauses of the bill, which amendments can be moved at this time. The bill is then read a third and final time and presented to the Governor by the Clerk of the Parliament for Royal Assent which then ascends the bill to become an act of parliament.

Minimum Age of Criminal Responsibility in Queensland

• The Minimum Age of Criminal Responsibility in Queensland is 10.

Expressed Rights

• The Australian Constitution explicitly outlines certain rights that are protected, known as expressed rights. These rights are integral to ensuring the fundamental freedoms of individuals within the legal framework of Australia. For instance, Section 80 of the Constitution guarantees the right to a trial by jury for federal offenses, thereby ensuring that individuals have the ability to contest accusations in a fair legal environment. This provision exemplifies how the Constitution safeguards individual liberties and contributes to the overall justice system in Australia, reinforcing democratic principles.

Common Law Methods

• The courts establish common law by relying on judicial precedent, meaning that decisions made in previous cases are used as a reference in future rulings. This practice helps ensure consistency and predictability in the legal system, guiding judges in their interpretations.

Elements of Offence and Penalty for Manslaughter

• Manslaughter is a criminal offense characterized by causing the death of another person without intent. Key elements often include the absence of malice aforethought and varying degrees of negligence or recklessness, leading to potential penalties that range from prison time to fines.

Bill vs. Act

• A bill is a proposed law that is going into consideration but has not been processed by the Government.
• An act is a formal document that has been passed by parliament

Minimum Age of Criminal Responsibility

• The minimum age that a person can be held criminally responsible for a crime.

Separation of Powers

• Australian Constitution
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• Legislation Executive Judiciary

Law and Youthful Offenders

Young offenders are individuals under a certain age, often regarded as minors, who engage in criminal behavior. The legal system's approach to dealing with them focuses on rehabilitation rather than punishment, emphasizing the importance of their development and reintegration into society. Various programs and interventions are designed to address the unique circumstances and needs of youth, seeking to deter future offenses while promoting positive outcomes.

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Criminal Sentences in Queensland

• Criminal sentences in Queensland are determined through a legal framework that incorporates statutory guidelines, judicial discretion, and case law precedents.