unit 1 aos2

Question 1

criminal law

Answer 1

an area of law that defines behaviours and conduct that are prohibited

Question 2

crime

Answer 2

an act or omission that is an against an existing law, harmful to both an individual and society.

Question 3

sanction

Answer 3

a penalty imposed by a court on a person guilty of commiting a criminal offence

Question 4

presumption of innocence

Answer 4

the right of a person accused of a crime to be presumed innocent unless proven guilty

Question 5

beyond reasonable doubt

Answer 5

the standard of proof that there is no reasonable doubt that the accused commited the offence

Question 6

standard of proof

Answer 6

the degree to which a case must be proved in court

Question 7

burden of proof

Answer 7

the obligation of the prosecution or plaintiff to prove a case

Question 8

purposes of criminal law

Answer 8

to protect individuals, property, society and justice

Question 9

how is the presumption of innocence protected?

Answer 9

it is protected by the burden of proof and the standard of proof

Question 10

what are the elements of a crime?

Answer 10

actus reus and mens rea

Question 11

actus reus

Answer 11

a latin term meaning a guilty act. the physical element of a crime

Question 12

mens rea

Answer 12

a latin term meaning a guilty mind. the intentional element of a crime.

Question 13

strict liability

Answer 13

where culpability or responsibility for commiting a crime can be established without having to prove there was mens rea

Question 14

what is the age of criminal responsibility?

Answer 14

a child under 10 cannot be charged, a child 10-13 can be charged if the prosecution proves there was mens rea, a child 14+ can be charged with a crime.

Question 15

Division A of crime:

Answer 15

Homicide, assault, sexual offences, stalking

Question 16

Division B:

Answer 16

Arson, property damage, burglary, theft

Question 17

Division C:

Answer 17

Dealing and trafficking drugs

Question 18

Division D:

Answer 18

Weapons and explosives offences

Question 19

Division E:

Answer 19

Perjury

Question 20

Division F:

Answer 20

Regulatory driving offences

Question 21

Type of offender or victim (5)

Answer 21

cyber-crime, prejudice motivated crime, organised crime, juvenile crime, white collar crime.

Question 22

cyber crime

Answer 22

a criminal offence in which the use of computers or tech is an essential and central part of the offending.

Question 23

prejudice motivated crime

Answer 23

a criminal offence motivated by prejudice and bias towards the victim (because of their race, sex, age or religion)

Question 24

Organised crime

Answer 24

a criminal offence undertaken in a planned and ongoing manner by organised syndicates or gangs.

Question 25

juvenile crime

Answer 25

a criminal offence undertaken by a young person aged between 10-18

Question 26

white collar crimes

Answer 26

a criminal offence undertaken by people in government, or in the corporate/business world.

Question 27

indictable offences

Answer 27

a serious offence generally heard before a judge and jury in the county or supreme court (homicide, culpable driving causing death and rape)

Question 28

summary offence

Answer 28

a minor offence generally heard in the Magistrate’s court (drink driving and minor assault)

Question 29

principal offender

Answer 29

a person who has carried out the actus reus and has therefore directly commited the offence

Question 30

accessory

Answer 30

a person who does an act to help another person (who has commited a serious indictable offence) to avoid being prosecuted.

Question 31

defences to crime (7)

Answer 31

self-defence, mental impairment, duress, sudden or extraordinary emergency, automatism, intoxication & accident

Question 32

self-defence

Answer 32

if they believed that their actions were necessary to protect themselves or percieved their actions to be a reasonable response in the circumstances

Question 33

mental impairment

Answer 33

a condition of the mind that impacts on a person’s ability to know the nature and quality of their conduct

Question 34

duress

Answer 34

strong mental pressure on someone to overcome their independent will and force them to do something

Question 35

sudden or extraordinary emergency

Answer 35

their actions were the only reasonable way of dealing with the situation

Question 36

automatism

Answer 36

a state in which a person has a total loss of control over their bodily movements so that they cannot form an intention to commit a crime

Question 37

intoxication

Answer 37

to succesfully argue intoxication, the accused must prove that their state of intoxication was not self-induced.

Question 38

accident

Answer 38

this would apply if the actions the accused took to commit the offence were involuntary or unintentional

Question 39

unfit to stand trial

Answer 39

if they are unable to understand the nature of the charges, enter a plea, follow the course of the trial and instruct their lawyer.

Question 40

homicide

Answer 40

the killing of another person without legal justification

Question 41

manslaughter

Answer 41

the unintentional killing of a person due to reckless, dangerous act or negligent behaviour

Question 42

infantcide

Answer 42

the killing of a mother of her child under two years of age while suffering a mental conditions caused by the effect of that child’s birth

Question 43

child homicide

Answer 43

the killing of a child under 6 years of age in circumstances that would normally be manslaughter

Question 44

culpable driving causing death

Answer 44

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

Question 45

homicide by firearm

Answer 45

the killing of a person by discharging a firearm in a circumstance that would normally be manslaughter

Question 46

elements of murder (4)

Answer 46

the killing was unlawful, the accused acts were voluntary, the accused commited acts that caused the victim’s death, the accused acted with intent to kill or cause serious harm.

Question 47

possible impacts of murder

Answer 47

the victim (and their family and friends), the community, the offender.