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Question 1

Pursuant to section 22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:

Answer 1

(3) Without limiting subsection (1),
(a) The notice under subsection (1) must include the name and the address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness.

Question 2

before a conviction can be obtained for manslaughter, where one of the sections referred to is section 150A(1) of the Crimes Act 1961, what must the prosecution prove?

Answer 2

A very high degree of negligence or gross negligence.

Question 3

Proximity is a question of law decided by whom?

Answer 3

The judge.

Question 4

Written notice of an alibi is to be given by the defendant:

Answer 4

Within 10 working days after the defendant is given notice under section 20 of the Criminal Disclosure Act 2008.

Question 5

Define R v Cox

Answer 5

Consent must be full, voluntary, fee and informed, freely and voluntarily given by a person in a position to form a rational judgement.

Question 6

As a general guideline, most offences within the Crimes Act 1961, will require an intent (Mens rea) of some kind. Outline a defence that would therefore e generally available:

Answer 6

The defence of intoxication will be available to the defence to establish that the defendant did not have the required intent to carry out the offence.

Question 7

Provide an overview of the culpability of persons involved in suicide pacts.

Answer 7

Any survivor of a suicide pact is guilty of being a party to a death (If death of another person within the pct ensues)

Question 8

Outline section 25 of the Crimes Act 1961, ignorance of the law.

Answer 8

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 9

Outline M’Naghten’s rules

Answer 9

The M’Naghten’s rules (or test) is frequently used to establish whether or not a defendant is insane.

It is based on the persons ability to think rationally, so that if a person is insane they were acting under such defect of reason from disease of the mind that they did not know:

• The nature and quality of their actions, or
• That what they were doing was wrong.

Question 10

List 4 statutory legal duties in respect of the Crimes Act 1961:

Answer 10

Provides the necessaries and protect from injury.(s151)

Provides necessaries and protect from injury to your charges when you are a parent or gaurdian (s152)

Provide necessaries as an employer (s153)

Use reasonable knowledge and skill when performing dangerous acts, such as surgery. (s155)

Take precautions when in charge of dangerous things, such as machinery. (s156)

Avoid omissions that will endanger life (s157)