Crime 1

Question 1

Arson

Answer 1

(1) Any person who willfully and unlawfully sets fire to any of the

things following, that is to say—

(a) a building or structure;
(b) a motor vehicle, train, aircraft or vessel;
(c) any stack of cultivated vegetable produce, or of mineral

or vegetable fuel;

(d) a mine, or the workings, fittings, or appliances of a

mine;

is guilty of a crime, and is liable to imprisonment for life.

Question 2

Arson - What must the prosecution prove?

Answer 2

1. The defendant set fire to the property
2. The defendant did so willfully
3. The defendant did so unlawfully

Question 3

Mala in se

Answer 3

Means: Wrong or Evil in itself - The moral or social wrongness of the crime is the reason why it is legally prohibited e.g. murder, rape

Question 4

Mala prohibita

Answer 4

Means: wrong - Wrong because it is legally prohibited e.g. drug abuse, drink driving

Question 5

What does the commission of an offence generally require?

Answer 5

1. Occurrence of the act specified in the offence description (e.g. killing) or the omission to do an act (e.g. neglect)
2. Presence of any state of mind required to make a person criminally responsible for conduct
3. Absense of authority, justification, or excuse which would negate criminal responsibility

Question 6

Who can prohibit or sanction conduct within state lines on the basis that it is harmful or wrong?

Answer 6

Only state legislature can prohibit conduct within state lines.

Question 7

Does a state have jurisdiction of a case where an offence comprises of multiple acts and only some are within the territory of the state?

Answer 7

Only one element must be within the state territory for that state to have jurisdiction. E.g. a person in QLD who commits fraud over the phone in WA is liable under s12 in WA.

Question 8

‘Mens rea’

Answer 8

A ‘guilty mind’

Question 9

What are the two traditions in Australian Criminal Law?

Answer 9

1. The act must be accompanied by mens rea (a ‘guilty mind’)

2. A voluntary act or omission to do an act (actus reas)

Question 10

What is an ‘indictment’?

Answer 10

The name of the form of charge which intiates proceedings before a superior court (usually Supreme or District)

Question 11

What court has exclusive jurisdiction over summary offences (with exception)?

Answer 11

The Magistrates Court

Question 12

What are the four categories of offences?

Answer 12

Crimes, Misdemeanors, Simple offences and Regulatory offences

Question 13

What are the three principles that govern the trial of any person accused of criminal offences?

Answer 13

1. The presumption of innocence
2. The burden of Proof (persuasive burden)
3. The standard of proof

Question 14

In what cases does the burden of proof fall upon the defendant?

Answer 14

1. The presumption of insanity (Code ss26-27)
2. Defence of diminished responsibility (Code s304A)
3. Reasonable belief that a sexual partner is 16 or above (ss210(5), 215(5))
4. Lawfully Prescribed drug (Drugs Misuse Act 1986 s129(1)(c))

Question 15

What is an evidentiary burden?

Answer 15

‘…the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.’ (The Code (Cth) s 13.3(6))

Question 16

The common law general principle is that __________________ carries the evidentiary burden with respect to all matters of mental impairment (e.g intoxication) and all matters of justification or excuse (self-defence and duress).

Answer 16

the accused

Question 17

What are the presumptions in criminal law?

Answer 17

1. presumption of law that reverse persuasive burdens because the rebuttal requires proof of the contrary.
2. Presumption of law that reverse evidentiary burdens because the rebuttal requires proof of the contrary.
3. Discretionary presumptions of fact that state inferences which a jury may draw, but is not legally obliged to.

Question 18

What is an offence?

Answer 18

An act or omission which renders the person doing the act or making the omission liable to punishment is called an offence.

Question 19

What is the division of offences?

Answer 19

(1) Offences are of 2 kinds, namely, criminal offences and
regulatory offences.

(2) Criminal offences comprise crimes, misdemeanours and
simple offences.

(3) Crimes and misdemeanours are indictable offences; that is to
say, the offenders can not, unless otherwise expressly stated,
be prosecuted or convicted except upon indictment.

(4) A person guilty of a regulatory offence or a simple offence
may be summarily convicted by a Magistrates Court.

(5) An offence not otherwise designated is a simple offence.

Question 20

What is the jurisdiction of offences?

Answer 20

Simple offences are (with some exceptions) dealt with in the Magistrates Court
Indictable offences are (with some exceptions) dealt with in the District and Supreme Courts.

Question 21

How do proceedings for offences begin?

Answer 21

Arresting (under the Code or the Police Powers and Responsibilities Act 2000(PPRA)) or
Issuing a Notice to Appear (under the PPRA) or
Issuing a Complaint and Summons (Under the Justices Act 1886)

Question 22

What are the types of criminal offences?

Answer 22

Crimes, misdemeanors and simple offences