AOS - Proving Guilt

Question 1

The purposes of criminal law

Answer 1

Protection of society
Deterrence of crime
Protect justice and the rule of law
Set minimum standards of behaviour

Question 2

Protection of society - Purpose of criminal law

Answer 2

Aims to reduce danger and chaos in a society and prevent individuals from experiencing harm

Question 3

Deterrence of crime

Answer 3

Discouraging an offender or other individuals from committing a crime

Question 4

Protect justice and the rule of law

Answer 4

People should be treated in a matter that is fair and the law should be applied equally no matter their status.

Question 5

Set minimum standards

Answer 5

Regulates how each person should act

Question 6

The presumption of innocence

Answer 6

The right for all individuals to be presumed innocent until proven beyond reasonable doubt that they are guilty.

Question 7

How does the presumption of innocence promote the principle of equality

Answer 7

The presumption of innocence ensures an accused person is not discriminated against

Question 8

Self-incrimination

Answer 8

an accused person provides evidence
or testimony that proves they are guilty
of a crime
(The presumption of innocence guards against this)

Question 9

The right to silence

Answer 9

allows a person to remain silent
when questioned or asked to supply
information by a person in authority
(Prevents accused from self-incrimination)

Question 10

Key concepts of criminal law

Answer 10

The elements of crime
Strict liability
The age of criminal responsibility
The Burdon of proof
The standard of proof

Question 11

The elements of crime

Answer 11

Actus reus meaning ‘guilty
act’ that forms the physical element of
a crime

Mens rea meaning ‘guilty
mind’ that forms the mental element
of a crime

Question 12

Strict liability

Answer 12

do not require the mens rea element of a crime to be satisfied
in order to find the accused guilty.

Question 13

The age of criminal responsibility

Answer 13

The age to which a child is deemed to have the ability to know right from wrong

Question 14

Doli incapax

Answer 14

‘incapable of wrong’

Question 15

The burdon of proof

Answer 15

The responsibility of the party to prove the facts of a case.

Question 16

The standard of proof

Answer 16

The degree to which the facts of the case must be proven

Question 17

Types of crime

Answer 17

Crimes against the person
Crimes against property

Question 18

Crimes against the person

Answer 18

criminal offences where a person is harmed
or harm is threatened.

Question 19

Crimes against property

Answer 19

criminal offences that involve using force
or deception to obtain, damage,
or destroy property

Question 20

Summary offences

Answer 20

a minor criminal offence usually heard in the
Magistrates’ Court.

Question 21

Indictable offence

Answer 21

a criminal offence that is serious in nature and generally heard by a judge and jury in the County or Supreme Court

Question 22

Indictable offence heard summarily

Answer 22

indictable offences that are considered less serious and, consequently, can be heard in the Magistrates’ Court, similar to the way in which summary offences are heard

Question 23

Possible participants in a crime

Answer 23

Principle offenders
Accessories

Question 24

Principle offender

Answer 24

the individual who actually commits the offence and/or is directly linked to the enactment of the crime.

Question 25

accessories

Answer 25

any person who knows
or believes that a person is guilty
of a serious indictable offence and
acts to prevent the arrest, prosecution,
or punishment of that person.

Question 26

Maximum penalty of murder

Answer 26

Life imprisonment

Question 27

Maximum penalty for an accessory

Answer 27

20 years only if the principle offender ha a penalty of life imprisonment, if not then the penalty can not exceed more than five years or half of what the principle offender got

Question 28

Murder

Answer 28

Murder is an offence under common law. The action of intentionally or recklessly causing the death of another individual.

Question 29

Voluntary act

Answer 29

Directed by a conscious and voluntary decision of the accused.

Question 30

Causation

Answer 30

The relationship between the actions and the result of an offence.
- Substantial and operating cause test
- Natural consequences test

Question 31

Substantial and operating cause test

Answer 31

Determines the extent to which the accused caused the death of the victim with intervening events.

Question 32

Natural consequences test

Answer 32

Determines the extent to which the victim caused there own death with intervening events.

Question 33

Malice aforethought

Answer 33

The specific mens rea for murder
- Intention
- Reckless

Question 34

Intentional murder

Answer 34

The intention to kill or seriously harm another with no lawful excuse.

Question 35

Reckless murder

Answer 35

Acting with recklessness that resulted in death with no lawful excuse. Did not have the intention to kill but new that their actions would most likely result in death or serious injury.

Question 36

Statutory murder

Answer 36

Unintentionally caused the death of another by the act of violence done through a separate crime.

Question 37

Deffence

Answer 37

Legal argument used by a party to claim that they are innocent of a crime.

Question 38

Self defence

Answer 38

lawfully causing the death of another to prevent unlawful harm against themselves or another in that moment

Question 39

Duress

Answer 39

The accused committed murder due to a threat that death or serious injury could occur

Question 40

Sudden or extraordinary

Question 41

Non-custodial supervision order

Answer 41

an order made by a court that allows
a person charged with an offence to
live in the community while receiving
treatment for mental illness

Question 42

Non-parole period

Answer 42

the minimum
time the offender must serve in prison
before being eligible for an early
release from prison.

Question 43

the relationship between the Burdon of proof and the presumption of innocence.