Legal SAC 2

Question 1

Purposes of criminal law (x4)

Answer 1

• Protect individuals
• Protect property
• Protect society
• Protect justice

Question 2

Define the term crime (x3) and provide an example

Answer 2

A crime is…
- an act or omission against an existing law
- harmful to an individual or society
- punishable by law (by the state)

Examples: homicide, murder, rape, arson, etc.

Question 3

Distinguish between the two elements of a crime

Answer 3

1. actus reus: the “guilty act”. The wrongful action (or inaction) must be proven in a trial/hearing in order for the accused to be found guilty.
2. mens rea: the “guilty mind”. The accused must have knowingly or intentionally committed the wrongful action (or inaction).

Question 4

Explain what is meant by the presumption of innocence and its relation to the burden of proof

Answer 4

The presumption of innocence is a principle and a guarantee that the accused will not be treated as guilty until the charge has been proven beyond reasonable doubt. This means that the burden of proof, or the responsibility of proving the accused’s guilt, lies with the prosecution.

Question 5

Distinguish between a summary and an indictable offence

Answer 5

A summary offence is a minor criminal offence that is generally heard in the Magistrates’ Court without a jury. The procedures used for these offences are less complex than those used for indictable offences. These are serious criminal offences heard in the presence of a jury in either the Supreme or County Court.

Question 6

How is the presumption of innocence upheld?

Answer 6

• Standard of proof
• Burden of proof
• The right to silence
• Bail
• Reasonable belief of guilt before arrest
• Prior convictions not known until sentencing
• The right to appeal

Question 7

Define the term “strict liability crime”

Answer 7

A strict liability crime is one in which the mens rea does not need to be present in order to find the accused guilty; for example, the action of speeding is enough to establish guilt

Question 8

Distinguish between crimes against the person and property

Answer 8

Crimes against the person are actions or omissions that cause or tend to cause death, injury, danger to life or apprehension of harm. These include homicide, sexual, assault, robbery, blackmail and extortion related offences.

Crimes against property are actions relating to the theft or destruction of someone’s property, such as arson, property damage, burglary or theft.

Question 9

What are the requirements for an indictable offence to be able to be heard summarily?

Answer 9

The accused must consent and the charge must not be punishable by more than 10 years in prison or a fine greater than 1200 penalty units ($200k)

Question 10

Define “accessory”

Answer 10

An accessory is someone who, without a lawful excuse, assists a principal offender after the crime has been committed. They must know that the offender has committed a serious indictable offence to be labelled as an accessory