SAC 2

Question 1

what is a crime

Answer 1

an act r ommission that is against and existing law harmful to and individual or to society adn punishable by law

Question 2

what are thr puroses of criminal aw

Answer 2

protecting individuals, protecting property, protecting society, protecting justice

Question 3

how does criminal law rotect individuals

Answer 3

establsh crimes and processes to protecet from future behaviours

Question 4

how does criminal law protect property

Answer 4

protects private and public property including teh land and evironmen

Question 5

how does criinal law protect sociteyy

Answer 5

sets a standard for tolerated behaviour helping maintain public order and safety

Question 6

how does criminal law protect justice

Answer 6

provides a process to deal with offenders. t prevents victims and their friends and family from taking punishment into their own hands

Question 7

what is the presuption of innocence

Answer 7

innocent until proven guikty. protected by the burden f prood and standard of proof (beyind reasonable doubt)

Question 8

what are the elements of a crime

Answer 8

actus reus and mens rea

Question 9

what is actus reus

Answer 9

the guilty act– the prosecution must prove the person physically did the wrongful act

Question 10

what is mens rea

Answer 10

teh guikty mind- the prosecution must prove the accused knowingly or intentionally commited the act

Question 11

what is needed to prove a crime

Answer 11

actus reus and mens reas

Question 12

what is strict liability

Answer 12

crimes where the proseution only has to prove actus reus and not mens rea

Question 13

why do we have trict liability offences

Answer 13

these laws are regulatory and are usually summary offences that are high in volume. their purpose is to deter promoting comunity safety and reduce time for processing.

Question 14

what is an indictable offence

Answer 14

major (serious) crimes heard in the county or supreme court such as murder

Question 15

what is a summary offence

Answer 15

minor crimes that are heard in the magistrates court such as speeding

Question 16

what are crimes against the person

Answer 16

crimes that harm others physically or emotionally

Question 17

what are crimes against property

Answer 17

acts that destroy property

Question 18

what is the burden of proof

Answer 18

he burden of proof lies with the procescution to rove the accused guilty

Question 20

what is the standardd of proof`

Answer 20

the standard of proof is beyond reasonable doubt in crimainal trials

Question 21

who are the participants in a crime

Answer 21

the principle offender an the accessory

Question 22

what is the priciple offender

Answer 22

the person who commits the offence and has carried out the actus reus of a crime

Question 23

what is the accessory

Answer 23

a person who assists a principal offender after they commit a crime including helping them avoid the law

Question 24

what are the elements of murder

Answer 24

committed act whic caused death, act was voluntary, intention to kill or seriously injure, knew death or injury was a probablility no lawful justification

Question 25

explain the second element of murder

Answer 25

the act was voluntary - it was within the accused bodily control

Question 26

explain the first element of murder

Answer 26

commited act which caused death, there was no intervening act -

Question 27

explain the part a to the third element of murder

Answer 27

a) intending to kill or seriously injure- act was intentional

Question 28

explain part b to the third element of murder

Answer 28

B) knew death or serious injury was probably- reckless murder

Question 29

explain the fourth element to murder

Answer 29

no lawful justification- no defense

Question 30

what are elements of manslaughter

Answer 30

1- an unlawful act- committing another crime
2- dangerous act - acting dangerously/recklessly
3- caused death

Question 31

what are the elements of theft

Question 32

what are the elements of burglary

Answer 32

theft + tresspassing + assault

Question 33

what are the elements of robbery

Answer 33

theft + force

Question 34

what are the defenses

Answer 34

self defence, mental impairment, duress, emergency, automatism, accident, intoxication.

Question 35

what is self defense

Answer 35

actions were necessary to protect and defend themselves, actions were a reasonable response to the circumstances

Question 36

what is mental imparment

Answer 36

is accused was suffering from menatl illness, little understanding of the nature and quality of actons- did not know conduct was wrong or could not reason or think about actions like and ordinary person

Question 37

what is duress

Answer 37

had reasonable belief that
-a threat of harm existed
- a threat would have been carried out unless offence was committed
- only reasonable way to avoid threat
- conduct was a reasonable response to threat

Question 38

what is sudden or extraordinary emergency

Answer 38

there was a sudden or extraordinary emergency
- reasonable way of dealing woth the situation
- reasonable respinse to situation

Question 39

what is automatism

Answer 39

a total loss of control over bodily movement could not form mens rea
- sleeping/sleepwalking
-suffering concussion
- epileptic seizure
- side effect of proper use of medicine

Question 40

what is an accident

Answer 40

prosecution must prove the accused’s actions were deliberate and intentional. if actions were involuntary, unintentional or unforseeable by an ordinary person the accused can raise accident

Question 41

what is intoxication

Answer 41

if actions were involuntary due to intoxication due to drugs, alcohol, another substance. accused must however prove that intoxication was not self-induced - involuntary due to fraud, reasonable mistake, force or proper use of prescription

Question 42

what is the age of criminal responsibility

Answer 42

• a person under 10 can’t be charged with a crime
• a person between 10-13 can if it can be proved the child knew their actions were wrong - rebutting doli incapax
• a person 14 and over is criminally liable

Question 43

what is doli incapax

Answer 43

a child is considered incapable of comitting an action with criminal intent. - factors in childs age upbringing history what they said and did before and after and medical and psychological assessments to determine moral and intellectual capacity.