AOS2 Revision

Question 1

What is a victimless crime? Provide an example

Answer 1

Some crimes, however can be seen as harming no one other then the person committing the act. These crimes are known as victimless crimes. The use of drugs may not be harmful to anyone other than the person using the drugs

Question 2

Describe the elements of a crime

Answer 2

Actus Reus - guilty act, physically committing the crime

Mens Rea - guilty mind, mental intention to commit the crime

Question 3

Name the three types of crimes.

Answer 3

Summary offences
Indictable offences
Indictable offences heard summarily

Question 4

What is summary offences?

Answer 4

Are minor criminal offences that are heard in the magistrates court. Minor theft

Question 5

What are indictable offences?

Answer 5

Are more serious criminal offences that can be heard before a judge and jury. Murder

Question 6

What are indictable offences heard summarily?

Answer 6

Are indictable offences that can be heard in the magistrates court as if they were summary offences. Common assault

Question 7

What is a strict liability crime?

Answer 7

There is no necessity to prove intention to commit the crime ( guilty mind ) for a person to be found guilty. Serving liquor to a minor

Question 8

Can juries return a majority verdict? Explain

Answer 8

If jury can’t reach a unanimous verdict, a majority verdict consisting of 11/12 is acceptable for criminal cases other then murder, treason or drug trafficking.

Question 9

List 3 elements that must exist for a person to be guilty of murder.

Answer 9

The accused was a person over the age of discretion
The accused was a person of sound mind
Malice aforethought existed - mental intention of crime

Question 10

What is the age of criminal responsibility?

Answer 10

Presumed that a child under the age of 10 cannot form the intention to commit a crime. Also assumed that a child ages 10-14 is mentally incapable to commit a crime

Question 11

In regard to manslaughter, what could be seen as criminal negligence?

Answer 11

The accused actions must fall below the expected standard of care. Eg parent neglects medical treatment for child when reasonable person would know that without treatment the child will die.

Question 12

In regard to manslaughter, what could cause manslaughter through a dangerous act?

Answer 12

The actions of the accused were unlawful and so dangerous that a reasonable person in the same circumstances would have realised that it was highly likely a person would die or be seriously injured. Person who throws a brick at a passing care to scare the driver may not have known or intended that such action would result in death

Question 13

Describe the defence to homicide of self-defence. When could self-defence be seen as reasonable?

Answer 13

Self defence is the act of killing or seriously injuring someone you felt threatened by of death or serious injury.

Reasonable when you had a belief that it was necessary to act to defend themselves or another person from serious harm OR had reasonable grounds for this belief.

Question 14

Name two other defences to murder

Answer 14

Mental impairment and automatism

Question 15

Describe mental impairment

Answer 15

Where the person was suffering a mental illness at the time of the crime and as a result the person:

• did not know what he or she was doing
• did not know the conduct was wrong or thought that their conduct like a reasonable person

Question 16

Describe automatism

Answer 16

This defence is concerned with involuntary actions that are not caused by disease of the mind. For the defence to be accepted it must be shown that the act was:

• involuntary; movement without any control of the mind ( spasm )
• done by an unconscious person ( sleep walking )

Question 17

How is crime defined?

Answer 17

As an act or omission that is against an existing law, harmful to an individual or society as a whole punishable by law

Question 18

What is culpable driving?

Answer 18

If a person is responsible for the death of another road user while driving a motor vehicle. Prosecution must prove that the drive was doing one of the following:

• driving recklessly - consciously disregarding risk of death or injury
• driving negligently - failing to observe reasonable standard of care

Question 19

What is assault?

Answer 19

The direct or indirect application of force by a person to the body, clothing or equipment of another person where the application is:

Without lawful excuse
AND
Intentional or reckless behaviour which results in body injury or discomfort

Question 20

What is grooming and stalking?

Answer 20

Involves the following, contacting, and making threats to the victim

Question 21

How might the law be changed in regards to defence for the crime of rape?

Answer 21

An accused would be able to be found guilty of rape if they did not reasonably believe the victim consented.

Question 22

Outline the differences between common assault, and intentionally or recklessly causing serious injury.

Answer 22

Common assault is unlawful interference with another person through intentional application of force or threat of force.

Intentionally or recklessly causing serious injury is a much more serious crime which can result in 20 years in prison.

Question 23

Outline two defences to assault

Answer 23

Lawful use of force

Duress

Question 24

What is lawful use of force?

Answer 24

A person will not be found guilty of assault if it is shown that the force was used lawfully. Eg use of force to protect others from a serious crime

Question 25

What is duress?

Answer 25

When someone commits a crime as result of fear induced by certain threats. Eg mum smuggles drugs into country for ex husband who is threatening to kill her kidnapped son

Question 26

What are the three types of stealing?

Answer 26

Theft
Robbery
Burglary

Question 27

What is theft?

Answer 27

Dishonestly taking a persons property

Question 28

What is robbery?

Answer 28

Using force, or putting a person in fear of force, during the act of stealing

Question 29

What is burglary?

Answer 29

Entering a building with the intent to steal, assault or damage property as a trespasser.