Chapter 2 (Criminal Law) Test Revision

Question 1

List the crimes against the person (know at least 5).

Answer 1

• Homicide (Murder, manslaughter, defensive homicide, infanticide and child homicide)
• Driving offences (culpable driving causing death, dangerous driving causing death, dangerous driving causing serious injury)
• Rape
• Assault
• Kidnapping and blackmail

Question 2

List the defences to homicide (know all).

Answer 2

• Self-defence
• Duress
• Sudden or extraordinary emergency
• Mental impairment
• Automatism
• Intoxication
• Accident

Question 3

List the defences to assault (know all).

Answer 3

• Self-defence
• Duress
• Necessity
• Intoxication
• Lawful use of force

Question 4

List the elements of murder.

Answer 4

• The killing was unlawful
• The accused was over the age of discretion (10)
• The victim was human
• The accused was of sound mind
• The accused caused the victim’s death
• Malice aforethought existed

Max 20-25 years.

Question 5

Explain the two categories of manslaughter.

Answer 5

Criminal negligence - The accused owed the victim a duty of care (any reasonable person would complete the action or inaction that the accused did not)

Unlawful and dangerous acts - must be proven that:
> The physical act was intentional
> The act was unlawful
> The act was dangerous
> The accused did not act in self-defence

Max 20 years.

Question 6

Explain defensive homicide.

Answer 6

A person is charged with defensive homicide if the jury/judge finds that they are not guilty of murder, but that the accused’s actions were unreasonable when acting in self-defence.

Max 20 years.

Question 7

Explain infanticide.

Answer 7

Where a mother kills a child (under two years of age) in circumstances that would ordinarily be murder but for the fact that she has a mental condition caused by the effects of that child’s birth.

Max 5 years.

Question 8

Explain child homicide.

Answer 8

When a person kills a child who is under 6 years of age, in circumstances that would normally be called manslaughter, would be found guilty of child homicide.

Max 20 years.

Question 9

What must the accused prove if he or she is to use self-defence?

Answer 9

Must prove that he or she:

• Had a belief that it was necessary to act to defend themselves or another person from serious harm or injury
• Acted reasonably

Question 10

What must be proven for duress?

Answer 10

A person acts under duress when they reasonably believe that:

• A threat of harm would be carried out if they didn’t commit a crime
• Committing a crime was the only reasonable way of avoiding threatened harm
• Their conduct is a reasonable response to the threat made

Question 11

What must be proven for the defence of sudden or extraordinary emergency?

Answer 11

If the person reasonably believes that:

• There is a sudden emergency or situation
• Their actions are the only reasonable way of dealing with the emergency situation
• Their conduct is a reasonable response to the emergency situation

Question 12

What must be proven for mental impairment?

Answer 12

A person must have been suffering from a mental illness at the time the crime was committed, and as a result the person:

• Did not know what he or she was doing
• Could not reason, or think about, their conduct like an ordinary person (did not know that it was wrong)

Question 13

What must be proven for automatism?

Answer 13

It must be shown that the act was:

• Involuntary
• Done by a person who was not conscious of what they were doing (Eg. Sleepwalking)

Question 14

What must the prosecution prove for culpable driving causing death?

Answer 14

The prosecution must prove that the driver was doing ONE of the following:

• Driving recklessly
• Driving negligently
• Driving under the influence of alcohol or a drug to the extent of being incapable of properly controlling the vehicle

Question 15

Distinguish between Culpable driving causing death, Dangerous driving causing death and Dangerous driving causing serious injury.

Answer 15

Most serious - Culpable driving causing death (Max 20 years)
Lesser offence - Dangerous driving causing death (Max 10 years)
Least serious - Dangerous driving causing serious injury (Max 5 years)

Question 16

List and explain the principles of criminal liability.

Answer 16

Burden of proof - Prosecution
Standard of proof - Beyond all reasonable doubt
Age of criminal responsibility - Must be over 10; if 10-14 must be proven that they know the difference between right and wrong (doli incapax)
Participants in crime - Offender is the accused, person proving the case on behalf of the state is the prosecution and an accessory to a crime is anyone who obstructs investigation or assists accused
Presumption of innocence - A person is presumed to be innocent until he or she is proved to be guilty
Elements of a crime - Actus Reus (guilty act) and Men’s Rea (guilty mind)

Question 17

A person commits a rape if:

Answer 17

• He or she intentionally sexually penetrates another person without that person’s consent while being aware that that person is not consenting
• After sexual penetration he or she does not withdraw from a person who is not consenting to be sexually penetrated
• The offender compels a person to sexually penetrate the offender or another person, irrespective of whether or not they want to

Question 18

Define and explain assault.

Answer 18

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

• Without lawful excuse
• Intentional or reckless and results in bodily injury/damage

Max 5 years.

Question 19

List the three elements of necessity.

Answer 19

• Criminal act must be done to protect the accused or someone else from irreparable evil or harm
• The accused must honestly believe, on reasonable grounds, that there was a situation of imminent peril
• The criminal act must be reasonable and not out of proportion to the peril avoided

Question 20

What must be proven for a person to be found guilty of Kidnapping and blackmail?

Answer 20

Either that the offender:

• Detains another with the intention of demanding payment or a ransom for the release of the person
• Detains another with the intention of gaining an advantage (of any sort) even if no demand or threat is made

Max (kidnapping) 25 years.
Max (blackmail) 15 years.

Question 21

List crimes against the property.

Answer 21

• Theft
• Robbery
• Burglary
• Fraud
• Arson
• Graffiti
• Identity theft (computer crimes)

Question 22

Explain theft.

Answer 22

An indictable offence that involves dishonestly taking (stealing) a person’s property with the intention of permanently depriving the person of it.

Max 10 years.

Question 23

Explain robbery.

Answer 23

If a person uses force on any person, or puts any person in fear of force being used on him or her, immediately before or during the act of stealing.

Max (robbery) 15 years.
Max (armed robbery) 25 years.

Question 24

Explain burglary.

Answer 24

A person is guilty of burglary if he or she enters any building as a trespasser with the intent to:

• Steal
• Assault a person
• Damage the building or property

Max (burglary) 10 years.
Max (aggravated burglary) 25 years.

Question 25

List the defences to property crimes (know 5).

Answer 25

• Honest and reasonable mistake
• Defence of impossibility (was not there)
• Mistaken identity
• Duress
• Intoxication
• Necessity
• Mental Impairment

Question 26

When a crime is reported, outline what the police will do.

Answer 26

• Talk to any victims or witnesses
• Question any possible suspects
• Examine the scene
• Look for physical or forensic evidence
• Charge the offender and ensure the person is taken to court

Question 27

List the rights and responsibilities of an individual (know 5).

Answer 27

• Silence
• Refuse to give body samples
• Refuse to allow police to search his/her property
• Be informed of charge that they are under arrest
• Police questioning must be recorded and a copy given to the offender
• Right to contact a lawyer, relative or friend
• Right to guardian (under 18)
• Communicate with lawyers, friends and family
• Refuse to participate in reconstruction of a crime
• Refuse to go to police station if not under arrest
• Refuse to participate in identification line-up

Question 28

List the police powers (know 5).

Answer 28

• Using reasonable force when making an arrest
• Search private premises with a warrant
• Search private premises with suspicion of criminal activity
• Detaining and questioning an offender if under arrest at police station
  > Must be released within reasonable amount of time
• Can take forensic samples from a person suspected of committing, or charged with, an indictable offence

Question 29

How can offenders and their families be affected by a crime?

Answer 29

• Stress
• Guilt (for the offender)
• Financial costs for going to court
• Emotional strain (Eg.Did my son commit a serious crime???)

Question 30

How can criminal acts impact society (know 5).

Answer 30

• Cost of providing police to enforce the law
• Cost of providing medical care for victims of crimes
• Extra cost on goods to cover loss or damage caused through crime
• Lost workdays through people having time off work to recover from the effects of crime
• Members of the community fearing to go about freely in case they become victims of similar crimes
• Cost to individuals of insurance premiums to cover claims which may be made for loss through crime