VCE Legal Studies Warmup Questions Flashcards
(11 cards)
Distinguish between plea negotiation and sentence indication? (2 marks)
Please negotiations and a sentence indication both involve pre trial negotiations before a case proceeds to a pre trial procedure. Plea negotiations are what charges are the accused face if pleaded guilty.
Outline two of the main purposes of criminal law
The first purpose of criminal law is to protect the community from ongoing threat and harm from offenders. Another purpose of criminal law is to punish offenders for their actions, by
providing avenues for justice to be done, so individuals don’t need to take the law into their own hands.
With reference to the case above, explain the presumption of innocence in a
criminal case. In your response identify who has the burden of proof, as well
as the standard of proof which is to be met.
The presumption of innocence refers to the right of the accused to be considered innocent
until proven guilty. Because of this right, the accused, Charlie, has the right to silence and does not need to provide evidence to the court to prove his innocence. The burden of proof lies with the prosecution, who in this case is the police prosecutor. The
standard of proof to be met is beyond reasonable doubt.
With reference to the case above, explain the age of criminal responsibility.
The age of criminal responsibility refers to the age at which a person can be charged with committing a criminal offence, which is currently 10 in Victoria. This rests on the established
principle that a person under the age of 10 cannot form the intent to commit a crime. If a
person commits a crime between the ages of 10 to 14, the rebuttable presumption of doli
incapax applies. A person aged between 10 and 14 is presumed to be ‘incapable of evil’
and the prosecution must prove that the child knew that their actions were wrong.
In this case Charlie is 16 so is over the age of criminal responsibility and, therefore can be
charged for the offence of common assault.
With reference to the case above, describe the elements of a crime: actus reus
and men’s rea.
Actus reus and men’s rea are two elements of a criminal offence which must be shown to prove a criminal offence has been committed. The term actus reus translates to a guilty act and so the accused must have committed the physical act of the crime The term men’s rea translates to a guilty mind and so the accused must have also had the necessary mental state. In this case is must be proven that Charlie intended to commit the assault (men’s rea) and that he actually committed the physical act (actus reus).
Justify whether the offence Charlie has been charged with is a summary or an
indictable offence.
This case is an example of a Summary Offence.
This is evident due to various factors, the first being that the case was to be heard in the
Magistrates’ Court, which is the court in Victoria where summary offences are heard. If this
was an indictable offence it would be heard in either the County Court or the Supreme Court.
Another fact of this case which highlights that this is a summary offence is that it will be the police who will be prosecutors in the case. Unlike indictable offences, which are prosecuted
by the Department of Public Prosecution.
Using examples, distinguish between a crime against the person and a crime against property.
one of the main differences between a crime against the person and a crime against the
property is the target of the crime. A crime against the person is a crime that involves
physical harm, injury, or threat of harm to another human being, such as an assault. On the other hand, a crime against the property involves the taking, the destruction or damage to property. An example of a crime against property is theft. Another main difference between the two offences is the objective behind each. Whilst a crime against the person is mainly to harm another person, a crime against the property differs as it generally seeks to benefit the offender such as in the case of burglary or theft
Describe one impact the criminal offence Jane has been charged with will have on
individuals or the community.
Individuals such as the victim and their family and friends can be impacted significantly in
murder cases. The victim in a murder case is completely dispossessed of their future and
are also subject to trauma and suffering in the events leading up to their death. Sergio was
an elderly man, likely to have a family who are now without a father and grandfather.
Describe another impact caused by jane that will have an impact on the community
As well as individuals, the greater community can also be impacted by a murder. The crime
can create a great deal of fear and anxiety for the community. People may be concerned
about leaving their homes, particularly people who live close to where a murder may have taken place. The source refers to the fact that neighbours are already scared, particularly whilst the case is being heard and Jane is on bail.
Referring to the statistics in Source 2, justify and explain one possible sanction that
may be imposed on Jane if she is found guilty of the offence of murder.
According to Source 2 the sanction that Jane will be sentenced to if she is found guilty of
killing Sergio is imprisonment. I believe this because from 2015 to 2020 87.7% of offenders who were found guilty of murder were sentenced to a term of imprisonment.
Imprisonment is a custodial sentence where the guilty person is kept away from the
community for a period of time decided by the judge. In this way they are likely to be
punished for their crime by having normal freedoms taken away from them
