AOS 2

Question 1

criminal law

Answer 1

a law that protects the community by establishing sanctions for people who commit crimes

Question 2

crime

Answer 2

a crime is an act that breaks a law, is harmful to others or is punishable by law

Question 3

purposes of criminal law

Answer 3

protect individuals, protect property, protect society, maintain pubic order and security, protect rights, protects justice and the rule of law

Question 4

purpose of criminal law: protect individuals

Answer 4

establishes crimes and sanctions for those who commit crimes

Question 5

purpose of criminal law: protect property

Answer 5

things we own cannot be taken from us or damaged

Question 6

purpose of criminal law: protect society

Answer 6

allows physical, social and financial aspects of society to function and prohibits activity that is damaging to society

Question 7

purpose of criminal law: maintain public order and security

Answer 7

sets standards and established boundaries for acceptable behavior

Question 8

purpose of criminal law: protects justice and the rule of law

Answer 8

only then state can enforce the law and punish people

Question 9

purpose of criminal law: protects rights

Answer 9

allows people to engage in cultural activities free from harassment

Question 10

the presumption of innocence

Answer 10

states that a person is innocent until a charge against them is proved beyond reasonable doubt

Question 11

protecting the presumption of innocence

Answer 11

the burden of proof is on the prosecution, police must have reasonable grounds to make an arrest, case must be proved beyond reasonable doubt, accused has the right to stay silent, right to bail and right to legal assistance

Question 12

actus reus

Answer 12

a guilty act or omission, the physical element

Question 13

mens rea

Answer 13

the persons state of mind when performing the actus reus. they need to have acted recklessly or intentionally. this is the mental element

Question 14

strict liability

Answer 14

crimes that don’t involve guilty mind, the actus reus is enough to establish guilt. for example speeding

Question 15

age of criminal responsibility

Answer 15

people under 10 cannot be charged with any crime. for those between 10-13, the prosecution must prove the child knew their actions were wrong

Question 16

the burden of proof

Answer 16

the party with the responsibility to provide facts of the case. in a criminal case it is on the prosecution as the accused don’t need to prove their innocence

Question 17

the standard of proof

Answer 17

the evidence presented by the prosecution must prove the accused is guilty beyond reasonable doubt

Question 18

the elements of a crime

Answer 18

actus reas, mens rea, strict liability, burden of proof, standard of proof, age of criminal responsibility

Question 19

acts vs omissions

Answer 19

an act is doing something while an omission is failing to do something

Question 20

offence division A

Answer 20

crimes against the person (homocide, assault, stalking)

Question 21

offence divison B

Answer 21

property and deception offences (theft, burglary, arson)

Question 22

offence division C

Answer 22

drug offences (dealing and trafficking, manufacture and use)

Question 23

offence divison D

Answer 23

public order and security offences (public nuisance, disorderly and offensive conduct)

Question 24

offence division E

Answer 24

justice procedure offences

Question 25

offence divison F

Answer 25

other offences (driving offences)