VCE Legal Studies Unit 2 AOS 2 Revison

Question 1

What are the four elements of murder

Answer 1

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

Question 2

the accused’s acts were voluntary

Answer 2

The prosecution must prove the accused committed the acts when they were awake, aware and in
control of their bodily actions.

Question 3

The killing was unlawful

Answer 3

The prosecution must prove the accused did not have a legal justification (or lawful reason) for
causing the other person’s death. Examples of a legal justification for killing another person include
a soldier killing an enemy in battle, police acting in the course of their duties, and a person acting in
reasonable self-defence or under duress.

Question 4

assessory

Answer 4

Accessory
* A person who knowingly assists another person who has committed a
serious indictable offence to avoid being arrested, prosecuted, convicted
or punished

Question 5

principle offender

Answer 5

A principal offender is a person who commits an offence and who has
carried out the actus reus (the act or omission that constitutes a crime).
Any person who is involved in a crime is also considered to be a
principal offender.

Question 6

Identify the defences murder

Answer 6

intoxication
duress
automatism
self defence

Question 7

The accused acted with intent to kill or
cause serious harm

Answer 7

The prosecution must prove the accused acted with a ‘guilty mind’ (i.e. that the mental element
of a crime, mens rea, existed at the time of the killing). In particular, the prosecution must prove
that when the accused committed the acts, they are either:
* intended to kill someone or cause them really serious injury, or
* knew that it was probable that death or really serious injury would be a result of their
actions.

Question 8

The accused committed acts that caused the
victim’s death

Answer 8

The prosecution must prove the accused committed acts that contributed significantly and
substantially to the victim’s death.

Question 9

Standard of proof

Answer 9

The standard of proof is the strength of evidence needed to prove a legal case. In criminal law, the
prosecution must prove the case beyond reasonable doubt.
A reasonable doubt must be sensible and realistic, and not one that is imaginary or fanciful or an
unrealistic possibility. It is not enough that the accused is probably guilty or very likely to be guilty.

Question 10

Burden of proof

Answer 10

The burden of proof (also known as the onus of proof) is the responsibility to prove the allegations made
in a case. In general, the burden of proof is held by the person or party who initiates the case or brings it
to court. This means, in a criminal case, that the burden of proof is held by the prosecution