2A&2B&2C

Question 1

PURPOSES OF CRIMINAL LAW

Answer 1

Aims to protect society by establishing set codes of behaviors.

Question 2

DETERRENCE OF CRIME

Answer 2

Discouraging an offender from offending or re-offending a crime.

Question 3

DEFINITION OF CRIME

Answer 3

An act against the law

Question 4

PRESUMPTION OF INNOCENCE

Answer 4

rights of all accused people are presumed innocent until it is proven, that they are guilty

Question 5

WHAT ARE THE 2 ELEMENTS OF A CRIME?

Answer 5

actus reas and mens rea

Question 6

ACTUS REAS

Answer 6

guilty act (physical element)

Question 7

MENS REA

Answer 7

guilty mind(mental element)

Question 8

STRICT LIABILITY:

Answer 8

Strict liability do not require mens rea element of a crime of an offender to be FOUND guilty.

Question 9

EXAMPLES OF STRICT LIABILTY:

Answer 9

• REFUSING BREATH TEST
• SPEEDING
• SERVING ALCOHOL TO MINORS

Question 10

DEFINE DOLI INCAPAX

Answer 10

presumption that children aged 10-14 are incapable of evil and cannot commit a crime.

Question 11

TYPES OF CRIMES?

Answer 11

• CRIMES AGAINST PERSON
• CRIMES AGAINST PROPERTY

Question 12

BURDEN OF PROOF

Answer 12

also known as onus proof, is the person who has the responsibility of proving a case (prosecution to bring the evidence into the case to prove the accused guilty)

Question 13

STANDARD OF PROOF:

Answer 13

The weight or strength or evidence that must be brought.

Question 14

SUMMARY OFFENCES +examples

Answer 14

Minor crimes (less serious) heard in the magistrates courts
- Theft
- Speeding
- Overdue fines

Question 15

INDICTABLE OFFENCES +examples

Answer 15

Serious crimes heard in County or Supreme court (usually heard by judge and jury).
- Murder
- Serious uses of drugs
- Treason

Question 16

INDICTABLE OFFENCES HEARD SUMMARILY

Answer 16

Are to be heard in magistrates courts if given consent by accused and the court

Question 17

PRINCIPAL OFFENDERS

Answer 17

The individual who actually commits the offence, or directly involved in the offence
(COMMITS THE ACTUS REAS)

Question 18

ACCESSORY

Answer 18

A person who knows or believes that a person is guilty of a serious indictable offence and acts to prevent the arrest, prosecution or conviction of the offender.
(An accessory can be found guilty even if the principal isn’t)