Criminal Law

Question 1

Purpose of criminal law

Answer 1

• Upholds Rule of Law to achieve justice and equity for ALL shareholders.

Question 2

Fundamental Principles of the Criminal Justice Systems

Answer 2

1. Just Outcome
2. Equitable Outcome
3. Presumption of Innocence
4. Onus of Proof
5. Standard of proof to establish guilt

Question 3

What Constitutes Criminal Behaviour?

Answer 3

• Behaviour that the law deems wrongful

Question 4

Elements needed for a crime to be committed

Answer 4

• Mens Rea (guilty mind)
• Actus Rea (guilty action)
• Intent

Question 5

Sources of Criminal Law

Answer 5

• Criminal Law is state responsibility (residual power)
• In Qld, main source of criminal law is the Criminal Code 1899

Question 6

Rights and Responsibilities of Police, Suspects, Accused and Victims

Answer 6

• To investigate alleged crimes, police require special powers which give authorisation to go beyond what a normal person can do
• Searching of property
• Searching motor vehicles
• Taking DNA samples
• Carrying out forensic procedures
• Arresting and detaining persons

Question 7

Just Outcome

Answer 7

Legally right, conforming with what is lawful or fair given the circumstances.

Question 8

Equitable Outcome

Answer 8

Even and impartial; balance between the rule of law, and freedoms of individuals and society; impartial and fair outcome.

Question 9

Presumption of Innocence

Answer 9

Innocent until proven guilty

Question 10

Onus of Proof

Answer 10

Prosecution carries the onus of proof, they must prove in court that the accused did commit the crime.

Question 11

Standard of Proof

Answer 11

Beyond reasonable doubt

Question 12

Mens Rea

Answer 12

The person has to know what they are doing. They must have a sense of criminal responsibility or guilty mind.

Question 13

Actus Rea

Answer 13

Physical act of committing an offence/crime.

Question 14

Intent

Answer 14

The person has to have an intent to commit a crime.