guilt and liability

Question 1

purpose of criminal law

Answer 1

to protect society as a whole

Question 2

how purpose of criminal law is achieved

Answer 2

-establishment of the law by parliament and court law
- enforcement of the law by victoria police etc
- deciding who is guilt through the courts
- imposing sanctions on offenders, aim to punish offenders and derer others

Question 3

purpose of criminal sanctions

Answer 3

criminal law punishes those who have been found guilty of a crime

Question 4

several purposes of criminal sanctions

Answer 4

• retribution = punish fairly
• deter offenders = individuals and others
• rehabilitation = programs that would alter the behaviour in order to stop reoffending
• denunciation = to denounce the actions of an individual to the communtity
• protecting the community = offender will be removed/restricted to prevent future harm.

Question 5

burdern of proof

Answer 5

in criminal law, the burden of proof falls upn the prosecution to prove the guilt of the accused

Question 6

standard of proof

Answer 6

the standard of proof in a criminal trial is beyond reasonable doubt

Question 7

principal offenders

Answer 7

the individual who commits the crime or any individual who aids, abets, counsels or organises a summary or indictable offence (to be treated as the main offender is)

Question 8

accessory

Answer 8

any person who knowingly obstructs the process of apprehension, prosecution, conviction or punishment of the main offender of a crime

Question 9

summary offence

Answer 9

a minor criminal offence heard before a magistrate eg: speeding, offensive behaviour, drink driving

Question 10

indictable offences heard summarily

Answer 10

serious offences heard before a magistrate court eg: theft under 100k, minor burglary, minor assault (choice of hearing matter in a county court/magistrates court)

Question 11

indictable offences

Answer 11

the most serious criminal offences such as murder, manslaughter, rape and arson, heard before a jury in the supreme court

Question 12

classifying murder

Answer 12

nature: a crime against the person, a form of homicide, meaning the unlawful killing of another person
seriousness: murder is the most serious indictable offence and all cases are heard in the supreme court

Question 13

convincting an accused person

Answer 13

each element of the crime must be proven

Question 14

common law definition of murder

Answer 14

(R v Doherty, 1887)
- a person of sound memory, at age of discretion, unlwafully kills any reasonable creature under the kings peace with malice aforethought

Question 15

elements of murder

Answer 15

-the killing was unlawful
- the accused was over the age of dicretion at the time of the offence
- accused was of sound mind
- victim was a human being
- the victims death was caused by the actions of the accused
- malice aforethought was existed

Question 16

causation - actus reus

Answer 16

• there must be a causal link between the actions of the accused and the death of the victim
• the but for test applies (but for the actions of the accused, would the victim have died)
• intervening acts ,factors that caused the death apart from the accused actions, were not present

Question 17

malice aforethought - mens rea

Answer 17

prosecution will need to prove that the accused
- intended to kill the victim
- intended to onflict serious injury
- was acting with reckless indifference to whether their actions caused the above

Question 18

defences to murder

Answer 18

• self defence
• battered spouse syndrome
• mental impairment
• duress
• intoxication
• sudden/extraordinary emergency
• automatism
• accident
• consent
• lack of elements

Question 19

theft

Answer 19

a crime where the accused dishonestly appropriates the property of another with intention to permanently deprice the victim of the object

Question 20

elements of theft - dishonesty

Answer 20

knowing there is no legal right to take the property but taking it anyway

Question 21

elements of theft - appropriation of property

Answer 21

• took the property without owners consent
• must interfere with or assume one or more rights of the owner

Question 22

elements of theft - in tention to permanently deprive

Answer 22

• accused intends to assume the rights of the owner or not give the item back

Question 23

defences to theft

Answer 23

• accused never took possesion
• the property wasnt actually property
• the accused didn’t take the property witht the intention of permanently depriving the victim
• belived they had a legal right to the property

Question 24

manslaughter

Answer 24

a person who has caused the death of another person may be charged with manslaughter opposed to murder if they did not intend to kill or cause serious bodily harm, but their unreasonable or negligent conduct resulted in the death of another

Question 25

manslaughter elements

Answer 25

• killing occurs without malice aforethought
  the accused have:
• performed act that could be reasonably be forseen as dangerous
• intentionally caused bodily harm
• was criminally negligent
• failed to act in a situation where they had the duty to do so

Question 26

shoplifting

Answer 26

-form of theft
- stealing property from a retail store
- can be tried summarily if property taken is under 100k

Question 27

burglary

Answer 27

• an indicatble offence
• involves unlawfully entering propert with intent to commit theft, assault a person, damage building or property
• with a weapn= aggravated burglary, sanction = 10 years prison

Question 28

robbery

Answer 28

• an indictable offence
• occurs where a perosn uses force or puts any person in fear that force will be used, the the course of commiting theft
• if using firearm or weapn = increased charge to armed robbery

Question 29

acts for offences

Answer 29

Crimes act 1958 (Vic)
Summary offences act 1966 (Vic)