proving guilt, indictable and summary offenses, sanctions

Question 1

Criminal law exists to…

Answer 1

• Protect individuals
• Protect property
• Protect society
• Protect justice

Question 2

What is the presumption of innocence

Answer 2

The presumption of innocence is a guarantee by the state that if its citizens are accused of committing a crime, the will be treated as not guilty until the charge has been proved beyond a reasonable doubt.

Question 3

How is the presumption of innocence protected?

Answer 3

• The standard of proof is beyond reasonable doubt
• The burden of proof is on the prosecution
• Police must reasonably believe a person has committed a crime before arresting them
• An accused has the right to legal representation
• An accused has the right to silcence
• Previous convictions cannot be revealed in court until sentencing
• A person who has been convicted of a crime has the right to appeal

Question 4

Define standard of proof

Answer 4

The strength of evidence needed to prove a legal case. In a criminal case, the prosecution must prove the case beyond reasonable doubt.

Question 5

Define burden of proof

Answer 5

The burden of proof is the responsibility to prove the allegations made. In a criminal case, the burden of proof is held by the prosecution. The defense DOES NOT need to prove innocence.

Question 6

Elements of crime

Answer 6

Actus reus, mens reus

Question 7

Define actus reus

Answer 7

Prosecution proves that the accused physically committed the crime

Question 8

Define mens reus

Answer 8

Prosecution proves that the accused had the intention to commit the crime

Question 9

Define crime

Answer 9

A crime is an act or omission that is against an existing law, harmful to an individual or to society and punishable by law.

Question 10

Define strict liability

Answer 10

Crimes of strict liability are offenses that do not have a mental element. The prosecution is only required to prove actus reus.

Question 11

Give examples of strict liability crimes

Answer 11

Consuming alcohol while driving, fare evasion on public transport, failing to display ‘P-plates’ when driving on a probationary driver license

Question 12

Define age of criminal responsibility

Answer 12

The age of criminal responsibility is the minimum age a person must be to be charged with committing a crime.

Question 13

What is the age of criminal responsibility?

Answer 13

A child under the age of 10 years CANNOT be charged with a crime.
A child aged 10 to 13 years CAN be charged of a crime IF the prosecution proves the child knew their actions were wrong at the time of the crime.
A child ages 14 years or older can be charged with a crime.

Question 14

How are crimes classified?

Answer 14

• The social purpose or nature of the offence
• The type of offender or victim
• The seriousness of the offence

Question 15

What are the division of crime according to the social purpose (or nature) of the offense?

Answer 15

Division A - Protecting individuals
Division B - Protection property
Division C - Drug offenses (Protecting society)
Division D - Maintaining public order and security
Division E - Protecting justice and the rule of law
Division F - Protecting rights and cultures, improving society

Question 16

Examples of each division of crime

Answer 16

Division A - Homicide, assault, sexual offences
Division B - Arson, property damage, burglary, theft
Division C - Dealing drugs, drug use, drug possession
Division D - Weapon offences, disorderly and offensive conduct
Division E - Contempt of court, perjury
Division F - Drink driving, travelling without a valid ticket

Question 17

What are crime classes according to the type of offender or victim?

Answer 17

Cybercrime, organised crime, juvenile crime, white-collar crime, prejudice motivated crime

Question 18

What are crime classes according to the seriousness of the offence?

Answer 18

Indictable offences, summary offences

Question 19

Define indictable offences

Answer 19

Serious crimes generally heard and determined in the higher courts before a judge and jury

Question 20

Define summary offences

Answer 20

Minor crimes heard and determined in the Magistrates’ Court by a magistrate

Question 21

Define indictable offences heard summarily

Answer 21

Serious crimes which are heard in the Magistrates’ Court and determined by the magistrate without a jury.

Question 22

Define principal offender

Answer 22

A principal offender is a person who commits a offence and who has carried out actus reus.

Question 23

Define accessory

Answer 23

A person who knowingly assists another person who has committed a serious indictable offence.

Question 24

List general defenses to a crime

Answer 24

• Self defense
• Mental impairment
• Duress
• Sudden or extraordinary emergency
• Automatism
• Intoxication
• Accident

Question 25

An accused may use self defense as a defense if they...

Answer 25

- Believed that their actions were necessary to protect themselves - Perceived their actions as a reasonable response in the circumstances

Question 26

An accused may use mental impairment if...

Answer 26

- At the time of the offence, they were suffering from a mental illness - Did not know what they were doing because they had little understanding of the nature and quality of their actions - Did not know their conduct was wrong or could not reason, or think about, their conduct like an ordinary person

Question 27

An accused may use duress as a defense if...

Answer 27

- A threat of harm existed - the threat would would have been carried out unless the offence was committed committing - the offence was the only reasonable way to avoid the threatened harm, and their conduct was a reasonable response to the threat

Question 27

An accused may use sudden or extraordinary emergency if...

Answer 27

- there was a sudden or extraordinary emergency - their actions were the only reasonable way of dealing with the situation - their actions were a reasonable response to the situation.

Question 28

An accused may use automatism as a defence if...

Answer 28

- while sleeping or sleepwalking - while suffering concussion during an epileptic seizure - as a result of a medical condition or because of a side effect of the proper use of medication.

Question 29

An accused may use intoxication as a defence if...

Answer 29

- acted involuntarily or without intent due to being in an intoxicated state as a result of consuming alcohol, taking drugs, or ingesting some other substance - in general, to successfully argue intoxication, the accused must prove that their state of intoxication was not self-induced.

Question 30

Define "unfit to stand trial"

Answer 30

A person may be considered to be unfit to stand trial if they are unable to undertake a number of tasks at the time of their trial, including being unable to: - understand the nature of the charges laid against them - follow the course of the trial - instruct their lawyer

Question 31

Define murder

Answer 31

Murder is the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification

Question 32

Elements of murder

Answer 32

- The killing was unlawful - The accused's acts were voluntary - The accused committed the acts that caused the victim's death - The accused acted with intent to kill or cause serious harm

Question 33

Possible sanctions for murder

Answer 33

- Maximum penalty for murder is life imprisonment - The standard sentence for murder is 25 years’ imprisonment, or 30 years’ imprisonment if the victim was an emergency worker on duty

Question 34

Define culpable driving causing death

Answer 34

Culpable driving causing death is the act of causing the death of another person while driving a motor vehicle in a negligent or reckless manner, or while under the influence of drugs and alcohol.

Question 35

Elements of culpable driving causing death

Answer 35

- The accused was the driver of a motor vehicle - The accused's driving was culpable - The accused's culpable driving caused the death of another person

Question 36

Possible sanction for culpable driving causing death

Answer 36

- the maximum penalty for culpable driving causing death is 20 years’ imprisonment and/or a fine of 2400 penalty units (approximately $460 000). - if the offender is aged over 18 years, the courts must sentence them to a term of imprisonment, unless they have impaired mental functioning or assisted authorities. - the standard sentence for for culpable driving causing death is 8 years’ imprisonment

Question 37

Define doli incapax

Answer 37

Incapable of deceit