Crime

Question 1

Meaning of crime

Answer 1

Act committed or an omission (neglection) of duty causing harm to society

Question 2

Strict liability offences

Answer 2

No requirement of proving mens rea

Question 4

Categories of crime

Answer 4

Against the person, sovereign, economic offences, drug, driving, public order, preliminary

Question 5

Types of manslaughter

Answer 5

Voluntary, Involuntary, Constructive, Infanticide

Question 6

Voluntary manslaughter

Answer 6

• person kills with intent, but there are mitigating factors - provocation

Question 7

Involuntary manslaughter

Answer 7

acted in a reckless/ negligent without intent to kill

Question 8

Constructive manslaughter

Answer 8

homicide occurring during another indictable offence

Question 9

Infanticide manslaughter

Answer 9

killing infant under 12 months by mother who suffers from post-natal depression or similar mental conditions

Question 10

Police power legislation

Answer 10

Law Enforcement (Powers and Responsibilities) Act 2002

Question 11

Summons

Answer 11

Legal document that requires a person to attend court, it gives details of the charge, when and where the charge is to be heard and outlines the consequences of failing to attend.

Question 12

When are summons used?

Answer 12

Minor matters, or summary offences, a summons or a court attendance order may be issued rather than the person being arrested.

Question 13

Why are arrest warrants granted

Answer 13

When the court is convinced that there is evidence that an offence may have been committed, authorising them to arrest a person; it doesn’t mean that the person is guilty, but that there is a prima facie case against them. (Prima Facie - means that on first examination of the evidence it appears the person has committed an offence).

Question 14

Why are search warrants granted

Answer 14

satisfied that police can substantiate on reasonable grounds that searching a home or other premises will lead to an arrest.

Question 15

Bail definition

Answer 15

Term for the conditional release of a person until their case is determined by courts.

Question 16

Complete defences

Answer 16

1. Automatism
2. Necessity
3. Duress
4. Negligence
5. Self-defence
6. Mental Illness

Question 17

Define Automatism

Answer 17

Acting without volition (will) – an involuntary action

Question 18

Types of penalties

Answer 18

1. no conviction recorded
2. caution
3. fine
4. bond
5. suspended sentence
6. probation
7. Criminal infringement notice
8. penalty units
9. community service order
10. home detention
11. periodic detention,
12. forfeiture of assets
13. imprisonment,
14. diversionary programs