criminal offences

Question 1

What is an indictable vs a non-indictable offence?

Answer 1

Indictable offences must come to trial with a jury: crimes and misdemeanours
Non-indictable offences heard in a magistrates court with no jury: simple and regulatory offences

Question 2

What are the elements of homocide?

Answer 2

‘the unlawful killing of another’
1. killed: causing death directly or indirectly
2. another person: must be a living person and does not include unborn babies
3. unlawfully: considered unlawful if there is no excuse, defence, justification or authorisation

Question 3

What are the elements of murder?

Answer 3

All the elements of homocide and one of:
4A. an intention to kill or do grevious bodily harm
4B. the accused did an act that was likely to endanger life and the victim died as a result of that act

Question 4

What is the penalty for murder?

Answer 4

life imprisonment - cannot be mitigated or varied

Question 5

What are the elements of manslaughter?

Answer 5

‘the unlawful killing of another in circumstances that do not amount to murder’
occurs when the prosecution cannot prove intention
can occur when there is criminal negligence

Question 6

What are the elements of stalking?

Answer 6

• involves a repeated conduct such as following, watching or sending messages that gives rise to the victim fearing for their personal safety.
• the punishment can be increased if violence, threats or a weapon is used
• the court may issue a restraining order

Question 7

What are the motor vehicle offences?

Answer 7

• dangerous driving
• dangerous driving causing death
• unlawful use of a vehicle
• careless driving
• racing
• unlawful interference with vehicles
• driving under the influence of alcohol and drugs
• failing to remain at the scene of an accident

Question 8

What are the elements of rape?

Answer 8

‘sexual intercourse without consent’
1. carnal knowledge or other acts of penetration
2. without consent (very difficult to establish in court)
3. unlawfully

Question 9

What are the evidence rules around rape?

Answer 9

There are rules that limit what a defence council can ask a rape victim in cross examination to limit victim blaming and to protect the victim’s mental health.

Question 10

What is the penalty for rape?

Answer 10

maximum life imprisonment

Question 11

What are the elements of stealing/theft?

Answer 11

1. taking or converting
2. property of another
3. with fraudulent intent

Question 12

What is the penalty for theft?

Answer 12

depends on what has been stolen

Question 13

What are the elements of arson?

Answer 13

1. wilfully
2. unlawfully
3. set fire to
4. things such as buildings

Question 14

What is the penalty for arson?

Answer 14

maximum life imprisonment

Question 15

What are the elements of fraud?

Answer 15

‘dishonest or deceptive conduct in regard to property’
considered dishonest if:
1. an ordinary person would consider the act dishonest
2. the accused subjectively knew what they were doing was dishonest

Question 16

What is the penalty for fraud?

Answer 16

maximum 5 years imprisonment but can increase if the offender was a company director

Question 17

What are the elements of computer hacking and misuse?

Answer 17

using a computer without the consent of its controller
misuse includes: damaging, gaining a benefit, harm to the computer hardware or software, alteration or removal of information

Question 18

What is the penalty for computer hacking and misuse?

Answer 18

maximum 2 years imprisonment

Question 19

What are the summary offences relating to public order?

Answer 19

• being a public nuisance
• begging in a public place
• wilfull exposure
• tattooing minors
• piercing body parts of minors
• being drunk in a public place

Question 20

What are the elements for an attempted crime?

Answer 20

1. intention to commit an offence
2. put into execution by means adapted to its fulfilment
3. that the intention be manifested by an overt act

Question 21

What is the penalty for an attempted crime?

Answer 21

half the maximum of the completed offence

Question 22

Who is the principal?

Answer 22

The person who does the act

Question 23

Who is the principal in the second degree?

Answer 23

someone who does an act for the purpose of assisting the principal to commit an offence

Question 24

Who is an accessory before the fact?

Answer 24

someone who assists before the crime has been committed

Question 25

Who is an accessory after the fact?

Answer 25

someone who assists after the crime has been committed (escape / hide)