1-40 mistakes legal studies yearly

Question 1

To what extent does a crime need to be proved?

Answer 1

The prosecution must prove to the magistrate each element of the offence beyond a reasonable doubt

Question 2

Define elements of the offence

Answer 2

The prohibited conduct and the mental element of a guilty mind or intention

Question 3

Elements of crime involving ‘destroy or damage property’

Answer 3

Defendant either intentionally or recklessly damaged or destroyed property belonging to someone else or belonging to you and someone else.

Question 4

Define defence

Answer 4

A defence is an explanation or reason that suggests you should not be found guilty of an offence.
Defence examples:
A legal excuse or justification of your actions
A denial that you did what the prosecutor says you did

Question 5

Legal defence examples

Answer 5

Genuine accidents
Honest and reasonable mistake of fact
Self defence or defence of another person
Necessity or duress
You had a legal right to do what you did

Question 6

Define mens rea

Answer 6

A guilty mind. The rationale behind the rule is that it is wrong for society to punish those who innocently cause harm

Question 7

Define actus reus

Answer 7

The guilty act. It generally refers to an overt act in the furtherance of a crime. Requiring an overt act as part of a crime means that society has chosen to punish only bad deeds, not bad thoughts.

Question 8

Provide examples of ‘Do all crimes have the same degrees of intent?’

Answer 8

To prove larceny, the prosecution must establish that the defendant intentionally took property to which he knows he is not entitled, intending to deprive the owner of the possession permanently. Negligent homicide on the other hand involves thoughtlessness, inadvertence, or inattention in a person’s duty to exercise care towards others.

Question 9

Who can give bail?

Answer 9

Police or the judge

Question 10

What happens if the accused is guilty?

Answer 10

The judge conducts a sentencing hearing

Question 11

What punishments can be handed?

Answer 11

Non-custodial penalties such as bonds and community service orders if they’re appropriate.
Imprisonment for serious crimes

Question 12

What cases does the local court deal with?

Answer 12

Petty or minor crimes
Hearing civil law matters up to the value of $100 000
Bail hearings in criminal matters
Committal proceedings for serious offences

Question 13

Local court matters are trialled by who?

Answer 13

Solely in front of a magistrate

Question 14

What does the senior prosecutor do in the Local Court?

Answer 14

Reviews evidence and confirms what charges will proceed

Question 15

What happens after the charges are confirmed?

Answer 15

A mandatory case conference must then occur between the defence and prosecution

Question 16

Magistrate purpose in a committal proceeding

Answer 16

Hear the prosecution’s evidence and determine whether it is sufficient enough to support conviction by a jury.

Question 17

What is the Coroner’s court?

Answer 17

A local court dealing with the manner and cause of a person’s death and with fires and explosions where property has been damaged or a person has been damaged

Question 18

Role of Coroner

Answer 18

To ascertain the deceased person’s identity and the medical cause, manner, place and date of death

Question 19

Where does the coroner collect his evidence?

Answer 19

From medical practitioners and police personnel as well as the scene

Question 20

What cases does the children’s court deal with?

Answer 20

Cases connected with the care and protection of children and young people and also with criminal matters concerning children and young people who are under the age of 18 years or who were at the time of an alleged offence.

Question 21

Define closed court

Answer 21

The general public is prohibited from viewing the proceedings.

Question 22

What is the MERIT program?

Answer 22

A court based diversion that allows arrested defendants with substance use problems to be assessed for suitability to undertake treatment and rehabilitation under bail conditions.

Question 23

Advantages of drug court

Answer 23

Participants can enjoy a better quality of life after successful completion of the program
Prison sentence can be avoided
Progress reviewed, participation and time in custody is considered when deciding the final sentence

Question 24

Who is eligible for drug court?

Answer 24

Participants living in the catchment area of the particular court.
Must be referred by one of the local and district courts in the area
18+
Likely to plead guilty to charges and sentenced to prison term
Are dependent on the use of drugs
Are willing to participate
Haven’t committed a sexual or violent offence

Question 25

3 phases of drug court

Answer 25

1st: Initiation where participants are expected to reduce their drug use, stabilise their health and refrain from criminal activity.
2nd: Consolidation, where it is expected that participants will remain drug and crime free and develop valuable life skills as well as address any underlying issues that may have led to their drug independence
3rd: Re-integration, where participants accept a crime and drug free lifestyle, gain employment or become ready for employment and be fiscally responsible

Question 26

What is the district court?

Answer 26

The intermediate court in the state court’s hierarchy and a trial court where cases can be heard before a judge and jury.

Question 27

Define appellate jurisdiction

Answer 27

Can hear appeals from lower courts including the Local Court or Children’s Court.

Question 28

What cases are dealt by the district court?

Answer 28

Can hear serious criminal matters

Civil Law matters up to $750 000 (higher in some cases)

Question 29

What matters are heard in the Supreme Court?

Answer 29

Murder, manslaughter and attempted murder
Major Conspiracy drug-related charges
Commonwealth prosecutions for serious breaches of the Corporation Law