LEGAL UNIT 1 AOS 2: Proving Guilt

Question 1

What are the types of crimes classified by the nature of the crime?

Answer 1

Against the person, property, the state, morality, the legal systems, and regulations or local laws

Question 2

What are the types of crimes classified by the seriousness of the crime?

Answer 2

Indictable and summary offences

Question 3

What are the types of crimes classified by the type of victim or offender?

Answer 3

Cyber crime, prejudice motivated or hate crimes, organised crime, juvenile crime and white collar crime

Question 4

What are the general defences in a criminal case?

Answer 4

1. Self Defence - a threat of harm existed and their actions were proportional to the offender
2. Mental Impairment - incapable of forming the guilty intent
3. Duress - a threat of harm existed and committed the crime due to that threat
4. Sudden or extraordinary emergency - reasonable belief that their actions were the reasonable response to the situation
5. Automatism - committed the offence involuntarily due to loss of control over bodily movements and lacks the guilty intent
6. Intoxication - unknowingly drugged or spiked causing involuntary acts
7. Accident - if the accused committed the offence involuntarily or unintentional or reasonably foreseeable by an ordinary person

Question 5

What are the elements of murder?

Answer 5

1. The killing was unlawful
2. The accused’s acts were voluntary
3. The accused committed the acts that caused the victim’s death
4. The accused acted with intent to kill or cause serious harm

Question 6

What are the defences to murder?

Answer 6

1. The accused’s acts were involuntary - duress or automatism
2. The accused’s acts were not the cause of the victim’s death - break in causation
3. The accused did not intend to kill or cause serious harm to the victim
4. Any other applicable general defences

Question 7

What are the elements of culpable driving causing death?

Answer 7

1. The accused was the driver of the motor vehicle
2. The accused’s driving was culpable
3. The accused’s culpable driving caused the death of the victim

Question 8

What are the defences to culpable driving causing death?

Answer 8

1. The accused was not driving the motor vehicle
2. The accused’s driving was not culpable
3. The accused’s culpable driving did not cause the death of the victim - break in causation
4. Any other applicable general defences

Question 9

What is the presumption of innocence?

Answer 9

An accused is presumed to be innocent until they are proved guilty on the standard of proof.

Question 10

What are the elements of indictable offences?

Answer 10

• Serious crimes
• Heard in the County/Supreme Court (Trial Div)
• Maximum sentence: Life imprisonment
• If plead not guilty, a jury will be used to determine the guilt of the accused

Question 11

What are the elements of summary offences?

Answer 11

• Less serious crimes
• Heard in the Magistrates’ Court
• Maximum sentence: 2 years imprisonment
• Can only plead guilty to the crime due to strict liability

Question 12

What is strict liability?

Answer 12

In summary offences, the court does not need to prove the guilty intent of the accused, only the act is required for the accused to be guilty.