Area of Study 2 - crimes against property + people

Question 1

Murder

Answer 1

Recklessly/intentionally killing another person to the point of death.
Guilty mind + guilty act
Up to 25 years sentence.

Question 2

Malice aforethought

Answer 2

Implied malice - acting recklessly knowing death will occur from your actions but not caring about consequences.
Express malice - A person knows the act is intending to kill.

Question 3

Principles of being guilty of murder

Answer 3

Unlawful killing
Malice aforethought existed
Accused was responsible
Victim was a human being
Accused had a sound mind 
Over age of 10

Question 4

Manslaughter

Answer 4

Death is caused without the same level of intention as murder. Maximum sentence is 20 years.

Question 5

Voluntary manslaughter

Answer 5

Found of murder but the liability is reduced due to circumstances

Question 6

Involuntary manslaughter

Answer 6

No intention to kill, death has occurred.

• Accused inflicted harm
• Criminal negligence
• Causing death while committing an unlawful act

Question 7

Culpable driving

Answer 7

Caused death with a motor car. Up to 20 years imprisonment.

Question 8

Infanticide

Answer 8

A child is killed within 2 years of birth due to the mother having post natal depression (mental disturbance)

Question 9

Child homicide

Answer 9

A child is killed under the age of 6. Maximum sentence is 20 years

Question 10

Assault

Answer 10

The application/force by a person to someone else. Force was unlawful and reckless. Results in body injuries, pain, damage or deprivation of liberty.

Question 11

Incest

Answer 11

Incest is sexual intercourse between people who are closely related. Brother, sister, mother, uncle, father or grandfather is called incest.

Question 12

Indecent assault

Answer 12

Assaulting the person without their consent. This includes touching someone’s breasts, genitals etc. This also includes watching pornography.

Question 13

Rape

Answer 13

Rape is intentionally sexually penetrates another person without that person’s consent. This applies to both men and women.
No consent given if…
- In fear
- Without consent due to sleep
- Under the influence of drugs or alcohol
- Did not understand the sexual nature of the offence
- Thought it was for medical or hygiene reasons.