2) Crime

Question 1

Types of Crimes

Answer 1

• summary
• indictable
• indictable heard summarily

Question 2

Principles of Criminal Liability

Answer 2

• presumption of innocence
• burden of proof
• standard of proof
• age of criminal resp.
• participation in crime

Question 3

Elements of a Crime

Answer 3

• guilty act (actus reus)
• guilty mind (mens rea)

-strict liability crimes (no need to prove guilty mind)

Question 4

Crimes against person;

Answer 4

• homicide
• murder
• manslaughter
• defensive homicide
• child homicide
• infanticide
• attempted murder
• culpable driving
• rape
• kidnapping
• assault

Question 5

Murder is:

Answer 5

1) unlawful killing
2) over age of discretion (over 10)
3) victim was human
4) accused was of sound mind
5) accused caused victim’s death
6) malice aforethought existed

Question 6

Malice aforethought; (or guilty mind)

Answer 6

• intention to kill
• intention to inflict serious injury
• reckless indifference
• intention to assault person; trying to make lawful arrest

Question 7

Attempted Murder;

Answer 7

• guilty of indictable offence
• plan to commit murder; and their attempt fails
• elements:*intention
  * belief that murder was to take place
  * more than preparing
  * immediately connected with committing

-max penalty: 25 years imprison

Question 8

Manslaughter:

Answer 8

• death result of criminal negligence & unlawful/dangerous act
• max penalty: 20 years inprison

Question 9

Criminal Negligence:

Answer 9

• accused owed duty of care
• lack of care= death
• accused’s actions fell below standard

Question 10

Unlawful & Dangerous Act:

Answer 10

-reasonable person would understand; action will result in death or serious injury

Question 11

Elements of Manslaughter:

Answer 11

• physical act killed
• act intentional
• act was dangerous
• act was not self-defence

Question 12

Defensive Homicide:

Answer 12

• accused thought they acted in self-defence; but court though otherwise
• max penalty: 20 years inprison

Question 13

Infanticide:

Answer 13

• killing child under 2 years
• mental condition caused death

-max penalty: 5 years inprison

Question 14

Child Homicide:

Answer 14

• killing child under 6 years

- max penalty: 20 years inprison

Question 15

Defences to Homicide

Answer 15

• self-defence
• duress
• sudden/extraordinary emergency
• mental impairment
• automatism
• intoxication

Question 16

Define: Crime

Answer 16

• act or omission against existing law
• harmful to person or society
• punishable by law

Question 17

Driving offences causing death/serious injury:

Answer 17

• culpable driving causing death [20 y]
• dangerous driving causing death [10 y]
• dangerous driving causing serious injury [5 y]

Question 18

Rape

Answer 18

• unwanted sexual penetration
• elements: *without consent
  * intentional
  * accused aware no consent
• defences; believe victim was consenting

-max penalty: 25 years inprison

Question 19

Assault

Answer 19

• direct/indirect application of force
• force without lawful excuse
• force was intentional & reckless
• result in pain, injury, etc
• defences: *force was lawful
  * self-defence
  * duress
  * necessity

-max penalty: 5 years inprison

Question 20

Theft

Answer 20

• dishonestly taking one’s property; no intention to give back
• max penalty: 10 years in prison & shop theft (2 penalty units)

Question 21

Robbery

Answer 21

• use of force, put person in fear of life; immediately before/during stealing
• max penalty: 15 years in prison & armed robbery (25 years)

Question 22

Burglary

Answer 22

• enter building with intention to steal, assault or damage property
• aggravated burglary; use firearms or weapons

-max penalty: 10 years in prison & aggravated burglary (25 years)

Question 23

Fraud

Answer 23

• obtain property or financial advantage by deception

- max penalty: 10 years in prison

Question 24

Destroying or damaging property;

Answer 24

• arson (lighting or spreading fire)
• max penalty: 10 years in prison

-graffiti