Outcome 2a - Proving Guilt

Question 1

What is the definition of a crime?

Answer 1

An act or omission that violates an existing law, harms an individual or society, and is punishable by law.

Question 2

Where are serious offences listed in Victoria?

Answer 2

The Victorian Crimes Act 1958.

Question 3

Where are minor offences listed in Victoria?

Answer 3

The Summary Offences Act 1966.

Question 4

What are the four purposes of criminal law?

Answer 4

Protecting individuals, protecting property, protecting society, promoting justice.

Question 5

Give two examples of crimes against the person.

Answer 5

Homicide (murder, manslaughter), Assault.

Question 6

Give two examples of crimes against property.

Answer 6

Theft, Arson.

Question 7

What is a crime against the legal system?

Answer 7

An offence that obstructs justice or interferes with law enforcement, e.g., perjury.

Question 8

What is a drug offence?

Answer 8

Illegal possession, trafficking, or manufacturing of drugs.

Question 9

Who are the four key stakeholders in criminal matters?

Answer 9

Victims, Accused, Prosecution, Witnesses.

Question 10

What is the burden of proof?

Answer 10

The responsibility of the prosecution to prove the accused’s guilt.

Question 11

What is the standard of proof?

Answer 11

Beyond a reasonable doubt.

Question 12

What is the presumption of innocence?

Answer 12

Every accused person is presumed innocent until proven guilty.

Question 13

What legislation protects the presumption of innocence?

Answer 13

Section 25 of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

Question 14

How does the legal system uphold presumption of innocence?

Answer 14

Burden of proof on prosecution, right to a fair trial, right to bail.

Question 15

Define actus reus.

Answer 15

The physical act or omission that constitutes a crime.

Question 16

Define mens rea.

Answer 16

The guilty mind or intention to commit a crime.

Question 17

What are strict liability offences?

Answer 17

Offences where proving intent (mens rea) is not required.

Question 18

Why have strict liability offences?

Answer 18

Encourage compliance and speed up legal proceedings.

Question 19

What is the age of criminal responsibility in Victoria?

Answer 19

Under 10 cannot be charged; 10-13 doli incapax; 14+ can be charged.

Question 20

What is doli incapax?

Answer 20

The principle that a child under 14 cannot be held criminally responsible unless understanding wrongfulness is proven.

Question 21

What is a summary offence?

Answer 21

A less serious offence heard in the Magistrates’ Court.

Question 22

What is an indictable offence?

Answer 22

A more serious offence heard in the County or Supreme Court.

Question 23

What is an indictable offence heard summarily?

Answer 23

A serious offence treated as less serious and heard in the Magistrates’ Court.

Question 24

List two strengths of having cases heard summarily.

Answer 24

Faster process and lower costs.

Question 25

List two weaknesses of having cases heard summarily.

Answer 25

Limited sentencing powers and potential unfair outcomes.

Question 26

List two strengths of having a case tried at trial.

Answer 26

Thorough examination of evidence and fairer process for serious crimes.

Question 27

List two weaknesses of having a case tried at trial.

Answer 27

Time-consuming and higher costs.

Question 28

Who is a principal offender?

Answer 28

Someone directly involved in committing or assisting the crime.

Question 29

Who is an accessory?

Answer 29

Someone who assists the offender after the crime has been committed.

Question 30

List two examples of principal offenders.

Answer 30

Directly committing theft, encouraging robbery.

Question 31

List two examples of accessories.

Answer 31

Hiding evidence, helping a suspect escape.

Question 32

What is required for the element of murder regarding the victim?

Answer 32

The victim must be a living human being.

Question 33

What is the legal definition of death?

Answer 33

The irreversible cessation of brain function or circulation of blood.

Question 34

What is the age of discretion for criminal responsibility?

Answer 34

10 years old.

Question 35

What does voluntary act mean in criminal law?

Answer 35

The accused had conscious control over their actions.

Question 36

What is causation in murder?

Answer 36

There must be a direct link between the act and the death.

Question 37

Name one test for causation.

Answer 37

'But For' test.

Question 38

What is an intervening act?

Answer 38

An event that breaks the chain of causation.

Question 39

Define malice aforethought.

Answer 39

The intention to kill or cause serious injury.

Question 40

What is unlawful killing?

Answer 40

Killing that is not legally justified.

Question 41

Who has the burden to disprove a defence?

Answer 41

The prosecution.

Question 42

List three defences to murder.

Answer 42

Self-defence, duress, sudden or extraordinary emergency.

Question 43

What is a custodial sentence?

Answer 43

Serving time in prison or a correctional facility.

Question 44

What is a non-custodial sentence?

Answer 44

Serving a sentence in the community with supervision.

Question 45

What is a non-parole period?

Answer 45

Minimum time served before parole eligibility.

Question 46

List two physical impacts of murder on individuals.

Answer 46

Physical injuries, stress-related illnesses.

Question 47

List two psychological impacts of murder on individuals.

Answer 47

Trauma, PTSD.

Question 48

List two economic impacts of murder on individuals.

Answer 48

Loss of financial support, high legal costs.

Question 49

List two social impacts of murder on individuals.

Answer 49

Strained relationships, isolation.

Question 50

List two legal impacts of murder on society.

Answer 50

Harsher laws, pressure on the legal system.

Question 51

List two economic impacts of murder on society.

Answer 51

Increased public spending, business losses.

Question 52

List two social impacts of murder on society.

Answer 52

Community fear, reduced trust.

Question 53

List one health impact of murder on society.

Answer 53

Increased PTSD and anxiety among witnesses and community members.