Elements to murder and indictable offences

Question 1

Indictable offense

Answer 1

serious crimes heard in the County Court and Supreme court. If the accused pleads guilty to a crime, the case would-be put-on trial, and a judge and Jury will hear the matter in court. The jury will the decider of facts. That is the Jury will determine the verdict based on the evidence provided.

Question 2

The Victorian Crime Statistics Agency

Answer 2

(CSA) gathers statistics and reports on the incidents of crime in Victoria.These statistics are collected and may be compared with those in other states and countries so the government can determine the amount of crime in our community, measure the effectiveness
of law enforcement agencies and plan for the best use of resources so our society is as crime-free
as possible.

Question 3

Effects of indictable offenses

Answer 3

• shatter community trust, make us question our shared values and reduce our enjoyment of a peaceful
• Victims and their families may feel helpless, angry and anxious for months, or years after a serious crime is committed against them
• These crimes often affect a victim’s physical and psychological health and their ability to cope at home and at work.
• some victims never recover from the trauma associated with a serious crime.
• These last for a lifetime. These consequences have practical effects, too – having a criminal record may limit a person’s ability to work and travel overseas.

Question 4

Six elements of Murder

Answer 4

. the killing was unlawful
• the victim was a human being
• the accused was a person over the age of discretion
• the accused caused the victim’s death
• the accused was a person of sound mind
• there was malice aforethought.

Question 5

What does the persecution have to prove beyond a reasonable doubt?

Answer 5

Six elements of Murder

Question 6

malice aforethought

Answer 6

the intention to kill or cause serious injury to a person. This malicious intention is the mental element (i.e. an intention to inflict harm) necessary for murder

Question 7

Element 1 – The killing was unlawful

Answer 7

The prosecutor must prove that the accused did not have a lawful reason for causing the other person’s death.

Question 8

Element 2 – The victim was a human being

Answer 8

The victim must be a living person who has been born (i.e. not an unborn baby or an animal).

Question 9

Element 3 – The accused was a person over the age of discretion

Answer 9

The accused must be at least 10 years of age. The law presumes that people under the age of 10 are incapable of forming the intent to commit a crime (i.e. doli incapax).

Question 10

Element 4 – The accused caused the victim’s death

Answer 10

Causation means there must be a direct or unbroken causal link between the accused’s actions and the death of the victim. :‘Would the death have occurred, when it did, without the accused’s actions?

Question 11

Element 5 – The accused was a person of sound mind

Answer 11

This is a person who knows right from wrong and understands the nature of what they have done. The law presumes that a person of unsound mind cannot form the intent to commit a crime (men’s rea).

Question 12

Element 6 – There was malice aforethought

Answer 12

the prosecution must prove there was malice aforethought (i.e. an intention to cause serious harm).

• attempted murder – Trying to murder someone or a failed attempt at murder
• conspiracy to murder – Planning with at least one other person to murder someone
• incitement to murder – Encouraging or authorising someone to commit a murder
• manslaughter – The unintentional killing of a person due to a reckless, dangerous act or
negligent behaviour
• infanticide – The killing by a mother of a child under 2 years old while suffering a mental
condition caused by the effects of that child’s birth
• child homicide – The killing of a child under 6 years of age in circumstances that would
normally be manslaughter

Question 13

Possible defenses to murder

Answer 13

self-defence
• mental impairment
• duress
• sudden or extraordinary emergency
• involuntary actions.

Question 14

Intoxication

Answer 14

Under common law, gross intoxication is a way of proving that the accused acted involuntarily or without intent

Question 15

self-induced intoxication –

Answer 15

the court must compare the accused’s belief or actions to those of a reasonable person who is not intoxicated

Question 16

• not self-induced intoxication

Answer 16

The court must compare the accused’s belief or actions to those of a reasonable person intoxicated to the same level as the accused.

Question 17

Automatism Zombie like state

Answer 17

a person has a total loss of control over their bodily movements.• while sleeping or sleepwalking
• while suffering concussion
• during an epileptic seizure
• as a result of a medical condition or because of a side effect of the proper use of medication.

Question 18

Accident

Answer 18

An accused may claim that their actions were accidental and that he or she acted without intention
to commit the crime.

Question 19

Possible impacts of murder

Answer 19

● The most obvious impact of murder is the loss of the victim’s life.
● has a devastating and lasting impact on the victim’s family and friends.
● This trauma may be long-lasting, particularly if the police cannot find the offender or if it takes the legal system several years to bring the offender to court
● They may also be subject to media scrutiny, making their private lives public.
● Murder also impacts on public confidence in the police and the legal system to keep the community safe.
● Murder also impacts on public confidence in the police and the legal system to keep the community safe.

Question 20

Impacts on the offender

Answer 20

Guilt or shame in causing a death
●	Legal costs
●	Custodial sentence
●	lost labour and income in the
●	household
●	 Impact on the family’s social
●	standing, finances and health and
●	well-being
●	 Negative influences as a result of
●	exposure to prison

Question 21

Criminal law

Answer 21

The purpose of the law is to maintain a peaceful society. Through agencies like the courts and the police, criminal law
maintains order. It protects individuals and their property, and safeguards rights.

Question 22

the presumption of innocence

Answer 22

The right of a person accused of a crime to be presumed not guilty unless proven otherwise

Question 23

Protecting the presumption of innocence:

Answer 23

○ The burden of proof is on the prosecution
○ The case against a person must be proven beyond reasonable doubt
○ Most crimes require a person to have acted of their own will
○ Police must reasonably believe a person has committed a crime before they can arrest them
- Jury, an independent group of people chosen at random to decide on the evident in a large case and reach a decision (verdict).

Question 24

1. Elements of a crime-

Answer 24

The burden of proof means that the onus is on the specific party to prove the facts of the case

the standard of proof is the strength of evidence needed to prove a legal case.

Question 25

Actus reus

Answer 25

actus reus is the physical element of the crime.

Question 26

Mens rea

Answer 26

Mens rea refers to the mental element when committing a crime

Question 27

Murder classification

Answer 27

murder is a Division A, an indictable offence

Question 28

Principle offender

Answer 28

Mandy would be considered a principal offender as she assisted Dominic to steal the items in the warehouse.

Question 29

Mandy would be considered a principal offender as she assisted Dominic to steal the items in the warehouse.

Answer 29

In Victoria, a person over the age of 10 can be criminally liable for their actions.
If the accused is between the age of 10 and 13, the prosecution must prove that the child knew, at that time of the crime, that he or her actions were wrong.

Question 30

Summary offense

Answer 30

Summary offenses are classified as minor criminal offences generally heard in the Magistrates’ Court.

• Drink driving
• Disorderly conduct
• Minor assault

Question 31

7. Principal offender

Answer 31

• Principle Offender is a person who carries out the main part of a criminal act. This is a person who has committed the actus reus (act or omission that constitutes a crime) and has mens rea when committing the crime.

Question 32

8. Accessory to a crime

Answer 32

• An accessory is a person who, without lawful excuse, assists a principal offender following the ommission of a crime.

Question 33

1. Homicide

Answer 33

• Homicide is the killing of a person by another

Question 34

2. Murder

Answer 34

• The unlawful premeditated killing of one human being by another.

Question 35

The reverse of the burden of proof

Answer 35

This requires the plaintiff to establish that it is more probable (i.e. likely)
than not that his or her side of the story is right. All possibilities

Question 36

The burden of proof means that the onus is on the specific party to prove the facts of the case

Answer 36

means that the onus is on the specific party to prove the facts of the case

Question 37

the standard of proof

Answer 37

is the strength of evidence needed to prove a legal case.

Question 38

What does Criminal law protect

Answer 38

: criminal law is a body of law that aims to protect the community by defining what is considered a crime and outlining penalties

Question 39

Where would a person find the statutory definition and specific elements of most crimes? Use an example to support your answer

Answer 39

A person may find the statutory definition and specific elements of most crimes on the Victorian Legal Aid website.
Drug possession: It is against the law to use, possess, cultivate or traffic a drug of dependence.

Question 40

Explain why mens rea is an important consideration in determining whether a crime has been committed.

Answer 40

Mens rea determines whether the accused committed a crime with an intent or accidentally.

Question 41

Identify the age/s a person is considered to be criminally liable for their actions

Answer 41

In victoria a person over the age of 10 can be criminally liable for their actions.
If the accused is between the age of 10 and 13, the prosecution must prove that the child knew, at that time of the crime, that he or her actions were wrong.

Question 42

Purpose of criminal law

Answer 42

• Protect individuals
• Protect property
• Maintain public order and security
• Protect justice and the rule of law
• Protect rights and cultures
• Improve society generally

Question 43

How criminal law achieves its purpose

Answer 43

Establishes the law
Enforces the law –
Decides who is guilty
imposes sanctions on offenders

Question 44

Defining a crime

Answer 44

A crime is defined as an act or omission that is:
• against an existing law
• harmful to an individual or society
• punishable by law.

Question 45

An act or and Omission

Answer 45

In legal terms, a crime can be committed by doing something (i.e. an act), or failing to do something (i.e. an omission). These acts or omissions are both things that society considers to be wrong.

Question 46

Examples of acts that are harmful to society include:

Answer 46

Assault
taking illegal drugs
unruly behaviour

Question 47

Reverse of burden of proof

balance of probabilities

Answer 47

In some situations the accused has to prove one or more aspects of the case on the balance of probabilities.
• The balance of probabilities is the standard of proof for the accused in a criminal case which requires the accused to establish that it is more probable or likely than not that his or her side of the story is right

Question 48

2. Classification of Murder.

Answer 48

• Murder will be classified under division A of indictable offense. Division A crimes are conducts against a person.

Question 49

Classification of Home invasion.

Answer 49

• Home invasion will be classified under division b of indictable offence. Division B crimes are conduct against a person

Question 50

Classification of Swearing in public

Answer 50

• Swearing Is not a crime.

Question 51

CSA

Answer 51

The Crime Statistics Agency

Question 52

Cyber-crime

Answer 52

Cyber-crime involves the offender using computers, the internet or other electronic systems and devices for illegal behaviours such as stealing or harassing.

Question 53

Hate crime

Answer 53

a criminal offence motivated by hostility and prejudice towards the victim (e.g. because of their race or religion)

Question 54

White collar. Crime

Answer 54

White collar crime is generally described as a crime committed by a person who works in government,
businesses or the corporate world.

Question 55

Strict liability

Answer 55

Crimes described as strict liability have no mental element.
• It is enough to commit the act that is against the law and there is no need for the prosecution to prove mens rea.

Question 56

Indictable offences heard summarily

Answer 56

These are serious crimes that may be heard summarily (i.e. without a jury).
• These offences are heard in the Magistrates’ Court if the court determines it is appropriate and the accused agrees.
• A magistrate will determine whether or not the person charged with a crime is guilty.

Question 57

Elements of indictable offense

Answer 57

All indictable offences consist of specific elements that make up the offence. In general, the prosecutor must prove all elements are present in a case before the accused can be
found guilty. For this reason, the prosecution will charge the accused with crimes that best match the
accused’s behaviour and actions at the time of the offence

Question 58

Remember Elements

Answer 58

If one or more of the elements are not made out beyond reasonable doubt, then the accused will not be guilty of the offence

Question 59

Effects of indictable offenses Indictable offences have a devastating impact on our community.

Answer 59

• shatter community trust, make us question our shared values and reduce our enjoyment of a peaceful
• Victims and their families may feel helpless, angry and anxious for months, or years, after a serious crime is committed against them
• These crimes often affect a victim’s physical and psychological health and their ability to cope at home and at work.
• some victims never recover from the trauma associated with a serious crime.
• These last for a lifetime. These consequences have practical effects, too – having a criminal record may limit a person’s ability to work and travel overseas.

Question 60

A break in the cause

Answer 60

If something intervenes to break the causal link between the accused’s actions and the death, then the accused may not be guilty of murder.

Question 61

Define unlawful homicide

Answer 61

• Any person who unlawfully kills another person is guilty of a crime.

Question 62

How can a killing be murder when there is no intention kill?

Answer 62

• When the defence proves that the accused didn’t have the mens reus when the crime was committed the case is now taken as manslaughter.