Chapter 2 Key Terms

Question 1

What is an Accessory?

Answer 1

Someone who knows the principal offender but hinders their arrest.

Question 2

What is the Accused?

Answer 2

a person charged with a criminal offence

Question 3

What does being Acquitted mean?

Answer 3

Being found not guilty

Question 4

What is Actus reas?

Answer 4

the act of committing a crime

Question 5

What is assault?

Answer 5

threatening to commit, or committing, some form of physical harm to another person

Question 6

What is an Abettor?

Answer 6

A person who assists in the crime but can be treated as though they are the principle offender

Question 7

Define Automatism.

Answer 7

the defence used when a person commits a crime as a result of muscle spasms or reflexes, or he or she is not conscious by virtue of a state such as sleepwalking

Question 8

What is Burglary?

Answer 8

Unlawfully entering a property to steal or to commit an offence

Question 9

Define Culpable Driving.

Answer 9

The most serious offence under Victorian road law involving driving in a manner that causes death. This offence carries a maximum penalty of 20 years imprisonment.

Question 10

What is the Defendant?

Answer 10

a person charged with a criminal offence

Question 11

What is homicide?

Answer 11

the killing of a human being

Question 12

What is identity crime?

Answer 12

the crime of assuming someone’s identity falsely in order to commit a crime

Question 13

What is Incest?

Answer 13

Incest is an offence which occurs when a person has sexual relations with a member of their immediate family

Question 14

What is indecent assault?

Answer 14

Assaulting another person in indecent circumstances without that person’s consent

Question 15

Infanticide is…

Answer 15

an offence where a woman kills her child (under two years of age) as a result of a mental disturbance such as postnatal depression.

Question 16

Malice Aforethought is…

Answer 16

when a defendant has a guilty mind and intended to commit a crime

Question 17

Define Mens Rea.

Answer 17

refers to having the intent to commit a criminal offence

Question 18

Define Prosecution.

Answer 18

the party who brings criminal proceedings against a defendant on behalf of the State

Question 19

What is necessity?

Answer 19

a defence involving the defendant arguing that the crime they committed was necessary to prevent a greater harm

Question 20

What is rape?

Answer 20

intentionally sexually penetrating another person without that person’s consent

Question 21

What is the difference between Theft and Robbery?

Answer 21

Theft is stealing property without force whereas robbery is stealing with force

Question 22

Self-defence occurs when…

Answer 22

someone uses force to defend himself, herself or another person from death or really serious injury

Question 23

What is the Standard of proof?

Answer 23

the extent to which a party must prove a case. In criminal cases this is beyond reasonable doubt.

Question 24

What is a crime?

Answer 24

an unlawful act or omission for which the state imposes a penalty

Question 25

A Summary offence is a...

Answer 25

minor (less serious) criminal offence that can be heard in the magistrates court without a jury

Question 26

What is Strict Liability?

Answer 26

a crime that does not require the Crown to prove that the defendant intended to commit an offence; for example, a traffic offence

Question 27

What is the the presumption of innocence?

Answer 27

All persons charged with committing a criminal offence are assumed to be innocent until proven guilty in our legal system.

Question 28

What is Consent?

Answer 28

Consent is a defense where the accused can argue that free agreement was given to commit the alleged conduct.

Question 29

What is a defense with examples?

Answer 29

A defense is pleadings recognized by law that allow a defendant to lessen or avoid liability for his or her conduct. Some examples of defenses include automatism, mental impairment, self defense, necessity etc.

Question 30

What are the elements of a crime?

Answer 30

The prosecution must prove that the accused both committed the crime (actus reus) and intended to commit it (mens rea).

Question 31

What is the Burden of Proof?

Answer 31

The role of proving a case in court

Question 32

What is Treason?

Answer 32

crime against a person in power

Question 33

What is a Duress?

Answer 33

a defense where the offender committed a crime through fear of death or threat of serious injury.