Chapter 2C: Key Concepts of Criminal Law

Question 1

For a person to be found guilty and sanctioned what must occur?

Answer 1

They must be found guilty of committing the crime beyond a reasonable doubt by the prosecution

Question 2

For most crimes, what must be proven beyond a reasonable doubt?

Answer 2

The actus reus and mens rea

Question 3

What is actus reus?

Answer 3

A guilty act, whereby the accused acted, or failed to act, which resulted in criminal consequences

Question 4

What does mens rea refer to?

Answer 4

The mental state of mind of the accused involving an intention to commit the crime

Question 5

What does mens rea require to be proven?

Answer 5

One of intention, recklessness or negligence to be proven

Question 6

Under the Criminal Code of 1995, what are the laws regarding terrorism?

Answer 6

It is an offence to commit a terrorist act, plan/prepare for a terrorist act, finance terrorism, provide or receive training connected with terrorism and collect/make documents likely to facilitate terrorist acts

Question 7

What is a criminal offence whereby mens rea occurs but actus reus does not need to?

Answer 7

A person may be convicted of a terrorist act offence, if they intend to commit one of the offences, even if the terrorist act itself does not occur

Question 8

What is murder defined as?

Answer 8

Voluntarily causing the death of another person with malice aforethought, and without lawful excuse

Question 9

What are the actus reus and mens rea elements of murder?

Answer 9

Actus reus = Voluntarily causing the death of another person

Mens rea = Malice aforethought

Question 10

What will any person who causes the death of another person by the culpable driving of a motor vehicle be guilty of?

Answer 10

An indictable offence, with a maximum imprisonment of 20 years

Question 11

What is an example of recklessness during driving?

Answer 11

The driver disregards a substantial risk that the death of another person may result from their driving

Question 12

What is an example of negligence during driving?

Answer 12

The driver fails to observe the standard of care which a reasonable person would have observed in the circumstances of the case

Question 13

What is manslaughter defined as?

Answer 13

Unlawfully causing the death of another person, without malice aforethought

Question 14

What are strict liability offences?

Answer 14

Offences where there is no need to prove any mens rea of the crime for a person to be found guilty

Question 15

What are some examples of strict liability offences?

Answer 15

Speeding, running a red light, refusing a breath test or serving underage people alcohol

Question 16

Why do strict liability offences exist?

Answer 16

They allow offenders to be charged for the simple act of committing the offence which protects society, they are a more effective deterrent to crime because it is easier to convict people and it means a backlog of cases does not occur

Question 17

What is the age of criminal responsibility defined as?

Answer 17

The required age of an offender in order for them to be prosecuted for a criminal offence

Question 18

What does the age of criminal responsibility state for people aged less than 10 years?

Answer 18

Any child less than 10 years of age cannot be charged with committing a crime, because it is presumed, they cannot form the intention required to commit a crime

Question 19

What does the age of criminal responsibility state for people aged over the age of 14?

Answer 19

They are criminally liable for any crimes they commit

Question 20

What does the age of criminal responsibility state for people aged between 10-14?

Answer 20

There is a presumption that a child is incapable of forming the mens rea to commit a crime because they do not know right or wrong, known as doli incapax

Question 21

What is doli incapax and how can it be overturned?

Answer 21

A rebuttable presumption, which can be overturned if the prosecution can show that the child knew that their actions were right or wrong at the time of the crime

Question 22

What does the burden of proof refer to and who carries it in a criminal trial?

Answer 22

The responsibility of proving the facts of the case held by the party who is responsible for meeting the standard of proof. It is carried by the prosecution during a criminal trial

Question 23

What does the standard of proof refer to?

Answer 23

The strength of evidence required for the decision maker to reach a verdict in a case

Question 24

What is the standard of proof for a criminal and civil case?

Answer 24

Criminal = Beyond reasonable doubt
Civil = Balance of probabilities

Question 25

How does the burden of proof uphold the presumption of innocence?

Answer 25

It requires the prosecution to prove that the accused committed the crime for which they are charged

Question 26

In the magistrates court, who decides on a verdict?

Answer 26

A single magistrate

Question 27

In the county and supreme courts, who decides on a verdict?

Answer 27

A jury of 12 and the judge