AOS 2 - exam study

Question 1

what is a crime

Answer 1

Against an existing law
Harmful to an individual or society
Punishable by law

Question 2

Purposes of criminal law

Answer 2

1. Protect individuals and property
2. Protect society and public order
3. Protect justice and rights
4. Improve society

Question 3

Protect individuals and property

Answer 3

Protects us, our personal property and also public property
People should not hurt us/our property

Question 4

Protect society and public order

Answer 4

Protects physical, social and financial aspects of society

Question 5

Protect justice and rights

Answer 5

State enforces the law equally against all; also ensures our basic rights are protected

Question 6

Improve society

Answer 6

Deters people from committing offences

Question 7

the main things that support the presumption of innocence are:

Answer 7

Burden of proof is on the prosecution
The accused has the right to remain silent
The accused normally has the right to bail after being arrested
The prior convictions of the accused are not disclosed at the trial

Question 8

Actus reus

Answer 8

The acts or omissions that amount to a crime

Question 9

Mens rea

Answer 9

Person’s state of mind when they did the actus reus (act or omission) – it’s your intentions

Question 10

Actus reus and mens rea

Answer 10

Normally, both actus reus and mens rea need to be present for there to be a crime

Question 11

2. Strict Liability

Answer 11

Strict liability means crimes involving no mental element
In other words, no need to establish mens rea of the accused, no need to establish whether the accused intended to do the deed

Question 12

strict liability examples

Answer 12

Many strict liability crimes are summary offences
Most traffic offences are strict liability

Question 13

The age of criminal responsibility

Answer 13

In Victoria, it is 10 years old

Question 14

If the accused is between 10 and 13..

Answer 14

they must establish that the accused knew that their actions were wrong

Question 15

4. The burden of proof

Answer 15

The job/responsibility/onus of establishing a case
In a criminal case, it usually falls on the prosecution

This is because there is a presumption of innocence

Question 16

in the random case, whats it called when the accused has the burden of proof

Answer 16

reverse onus

Question 17

5. The standard of proof

Answer 17

In a criminal matter, the required standard is beyond reasonable doubt

Question 18

beyond reasonable doubt

Answer 18

no other logical conclusions can be drawn from the evidence than that the accused is guilty

Question 19

principle offender

Answer 19

Committed the actus reus, has the mens rea

Question 20

Person involved in a crime

Answer 20

Has equal responsibility to the principal offender, actually classified as a principal offender

Question 21

Accessory to a crime

Answer 21

Assists a principal offender who committed a serious indictable offence after the commission of the crime

Question 22

crimes against a person

Answer 22

Homicide
Assault
Sexual offences

Question 23

crimes against property

Answer 23

Theft
Burglary
Vandalism

Question 24

indictable and summary offences differences

Answer 24

Seriousness of the Offence
Court Where Heard
Presence of a Jury

Question 25

elements of murder

Answer 25

- Killing was unlawful - The accused’s acts were voluntary - The accused committed acts that caused the victim’s death - The accused acted with intent to kill or cause serious harm

Question 26

Killing was unlawful

Answer 26

Accused did not have a lawful reason to kill the victim

Question 27

The accused’s acts were voluntary

Answer 27

The prosecution must prove the accused committed the acts when they were awake, aware and in control of their bodily actions.

Question 28

The accused committed acts that caused the victim’s death

Answer 28

The prosecution must prove the accused committed acts that contributed significantly and substantially to the victim’s death.

Question 29

4. The accused acted with intent to kill or cause serious harm

Answer 29

The prosecution must prove the accused acted with a “guilty mind” (i.e. that the mental element of a crime (mens rea) existed at the time of the killing.

Question 30

Defences to murder

Answer 30

self-defence mental impairment duress sudden or extraordinary emergency involuntary actions – intoxication, accident

Question 31

Defences - 1. Self Defence

Answer 31

This is when you use force to fight off an attack in order to protect yourself/others

Question 32

Defences – 2. Mental Impairment

Answer 32

the accused did not know either the nature and quality of the act they committed; and that it was wrong

Question 33

Defence – 3. Duress

Answer 33

1. A threat that was made to kill/cause serious injury will be carried out if you do not act 2. Doing what you did is the only way the threatened harm can be avoided 3. Your conduct is a reasonable response to the threat

Question 34

Defences – 4. Sudden or extraordinary emergency

Answer 34

1. Accused must believe the circumstances of an emergency which involves the risk of death/serious injury existed; and 2. Accused must believe that committing the offence was the only reasonable way to deal with the emergency; and 3. Accused’s actions were reasonable in all of the circumstances

Question 35

Defences – 5. Involuntary Actions – Intoxication

Answer 35

Being drunk/on drugs is not, strictly speaking, a defence in and of itself – it does not reduce your responsibility for your actions

Question 36

elements of offensive behaviour

Answer 36

1. The accused’s conduct was prohibited by Section 17 2. The accused’s conduct occurred in a public place

Question 37

The accused’s conduct was prohibited by section 17

Answer 37

Singing and obscene song or ballad Writing or drawing, exhibiting or displaying an indecent or obscene word or image Using profane, indecent of obscene language Using threatening, abusive or insulting words Behaving in a riotous, indecent, offensive or insulting manner

Question 38

Offensive Behaviour - Defences

Answer 38

1. Mental impairment 2. Sudden or extraordinary emergency 3. The behaviour was an exercise of political or human right 4. Honest and reasonable mistake