offences

Question 1

What is the section of the Queensland Criminal Code for murder?

Answer 1

s305 QCC.

Question 2

What is the section of the Queensland Criminal Code for manslaughter?

Answer 2

s310 QCC.

Question 3

What is the section of the Queensland Criminal Code for grievous bodily harm?

Answer 3

s320 QCC.

Question 4

What is the section of the Queensland Criminal Code for acts intending to cause grievous bodily harm?

Answer 4

s317 QCC.

Question 5

What is the section of the Queensland Criminal Code for torture?

Answer 5

s320A QCC.

Question 6

What is the section of the Queensland Criminal Code for assault?

Answer 6

s335 QCC.

Question 7

What is the section of the Queensland Criminal Code for stalking?

Answer 7

s359E QCC.

Question 8

What is the section of the Queensland Criminal Code for rape?

Answer 8

s349 QCC.

Question 9

What is the section of the Queensland Criminal Code for incest?

Answer 9

s222 QCC.

Question 10

What is the section of the Queensland Criminal Code for carnal knowledge with or of children under 16 years?

Answer 10

s215 QCC.

Question 11

What is the section of the Queensland Criminal Code for unlawful sodomy?

Answer 11

s208 QCC.

Question 12

What is the section of the Queensland Criminal Code for sexual/indecent assault?

Answer 12

s352 QCC.

Question 13

What is the section of the Queensland Criminal Code for indecent treatment of children under 16?

Answer 13

s210 QCC.

Question 14

What is homicide and what are the two types of it?

Answer 14

Homicide is the unlawful killing of another.

• murder or manslaughter

Question 15

What are the elements of homicide?

Answer 15

The Crown must prove that the accused:

1) Killed
2) Another person
3) Unlawfully

Question 16

What does the first element of homicide, ‘killed’ mean?

Answer 16

Causing death directly or indirectly.

Question 17

What is the test used in homicide cases to determine if the accused is guilty?

Answer 17

The ‘but-for’ test

• would the victim have died but for the actions of the accused?

Question 18

What are five other situations in which the Code finds the accused guilty of homicide?

Answer 18

1) euthanasia
2) if the death was caused by threats or intimidation (e.g. running away from the attacks of another and being hit by a car)
3) if death occurred even if the victim had life-saving medical care e.g refusal of a blood transfusion
4) if the victim dies and their medical treatment also contributes to their death, but was not negligent
5) it’s immaterial that death could be prevented by having to accept a particular medical treatment

Question 19

What is the section in the Queensland Criminal Code for homicide?

Answer 19

s300 QCC.

Question 20

What does the final element of homicide, “unlawfully” mean?

Answer 20

A killing will be unlawful if there is no excuse, defense, justification or authorization for it.

Question 21

What are the four elements of murder (plus the two parts)?

Answer 21

1) killed
2) another person
3) unlawfully
4a) with an intention to kill or do grievous bodily harm
4b) in the prosecution of an unlawful purpose, the accused did an act which was likely to endanger life

Question 22

What will happen if intention is not established in a murder trial?

Answer 22

The accused can be convicted of manslaughter.

Question 23

What does intention mean?

Answer 23

Meant result.

Question 24

What does element 4b in a murder trial mean?

Answer 24

When a person is committing a serious crime and in the process another person is killed.

Question 25

What are the elements to element 4b of a murder charge?

Answer 25

1) in the prosecution of 2) an unlawful purpose 3) an act likely to endanger life occurs

Question 26

What is the penalty for murder?

Answer 26

Life imprisonment.

Question 27

What is the definition of manslaughter?

Answer 27

The unlawful killing of another in circumstances that do not amount to murder, usually because the prosecution cannot prove an intention to kill or do grievous bodily harm.

Question 28

Why might manslaughter arise?

Answer 28

Manslaughter arises when there is criminal negligence of a range of duties.

Question 29

What are the duties that, if breached and lead to death, a person may be convicted of manslaughter for?

Answer 29

* duty to provide the necessities of life * duty to have reasonable skill and care when doing acts dangerous to life * duty to be careful when you have a dangerous thing under your control * duty to act when you have undertaken to do an act and the omission to do it may be dangerous to human life.

Question 30

What are the elements of grievous bodily harm?

Answer 30

The accused: 1) caused 2) an injury that amounts to grievous bodily harm to 3) another person 4) unlawfully

Question 31

What are the two tests for grievous bodily harm?

Answer 31

* what was the real and substantial cause of the injury | * was an injury of this type foreseeable

Question 32

What is the maximum penalty for grievous bodily harm?

Answer 32

14 years.

Question 33

What is the maximum penalty for grievous bodily harm?

Answer 33

Life imprisonment.

Question 34

What does torture mean?

Answer 34

The intentional infliction of severe pain or suffering, including permanent/temporary physical, mental, psychological or emotional pain.

Question 35

What are the elements of unlawful wounding?

Answer 35

1) wounding of ((bleeding)) 2) another person 3) unlawfully

Question 36

What are the two types of assault?

Answer 36

Type one (battery) and type two (assault).

Question 37

What are the elements of type one assault?

Answer 37

1) the actual application of force by striking, touching, moving or applying force of any kind to 2) the person of another 3) directly or indirectly 4) without consent or if it is obtained through fraud

Question 38

What are the elements of type two assault?

Answer 38

1) Bodily act or gesture 2) attempts or threatens to apply force of any kind to 3) the person of another 4) without express or implied consent 5) where there is an actual present ability to effect that purpose

Question 39

What is the maximum penalty for assault?

Answer 39

7 years.

Question 40

What is the general element to stalking?

Answer 40

Repeated conduct that gives rise to the victim fearing for their personal safety.

Question 41

What does the term rape mean?

Answer 41

Sexual intercourse without consent, including anal, object and finger penetration.

Question 42

What are rape shield laws?

Answer 42

They limit what a defence council can ask a rape victim in cross-examination.

Question 43

What are the elements of rape?

Answer 43

1) Carnal knowledge (sexual intercourse) or other acts of penetration 2) without consent 3) unlawfully

Question 44

What does the law require about consent in rape trials?

Answer 44

Freely given by a person with cognitive ability to give consent. (I.e. not consent if obtained through force, threat etc)

Question 45

What is the maximum penalty for rape?

Answer 45

Life imprisonment.

Question 46

What is the penalty for incest?

Answer 46

Life imprisonment.

Question 47

What is a defence to the charge of carnal knowledge of a child under 16 years?

Answer 47

Believed the person was of the age 16.

Question 48

What is the penalty for sexual/indecent assault?

Answer 48

10 years, although if armed etc could increase to life.