Criminal Law

Question 1

Purposes of criminal law

Answer 1

Social cohesion by recognising rights of individuals and resolving disputes

Question 2

The presumption of innocence

Answer 2

Provides impartial and unbiased reasoning against the accused

Question 3

Elements of a crime

Answer 3

Actus reus, the guilty act, physically committing the crime
Men’s rea, the guilty mind, intent to commit the crime and harm

Question 4

Strict liability definition

Answer 4

One must only be proven to have actus reus based on the crime, e.g. statutory rape, possession offences

Question 5

The age of criminal responsibility

Answer 5

Describes at what age someone can be criminally charged, 10 in Victoria

Question 6

Burden of proof

Answer 6

Lies with the prosecution, must provide proof that their story is more probable than the defendant’s.

Question 7

Standard of proof

Answer 7

Relates to the standard and quality of the evidence, cannot be hearsay.

Question 8

Crimes against a person

Answer 8

Causing physical harm to an individual or threats of assault.

Question 9

Crimes against property

Answer 9

Damaging or possessing another person’s property without their consent such as vandalism

Question 10

Indictable offences

Answer 10

Serious offences, heard in the County or Supreme Court, result in harsher penalties, can be appealed, heard in front of a jury when pled not guilty, offences such as murder.

Question 11

Summary offences

Answer 11

Minor offences, heard in the Magistrates, results in a lesser penalty, can be appealed, offences such as driving offences.

Question 12

Principal offender

Answer 12

Someone who intentionally commits the crime, someone who intentionally assists, encourages or direct another person to commit a crime.

Question 13

Accessory

Answer 13

Knowingly assists a principal offender after the crime to avoid punishment, prosecution and or conviction.

Question 14

Murder definition

Answer 14

Murder is the unlawful and intentional killing of a human being by another person who acted voluntarily and with no lawful justification.

Question 15

The killing was unlawful (elements of murder)

Answer 15

No legal justification, e.g. a soldier in battle, police officer acting in their duties etc.

Question 16

The accused acts were voluntary (elements of murder)

Answer 16

The accused must be proven to have been awake, aware and in control of their bodily actions, e.g. cannot be guilty if experiencing a seizure, sleepwalking etc.

Question 17

The accused committed acts that caused the victim’s death (elements of murder)

Answer 17

Causal link, must have been a direct act that caused the victim’s death e.g. shooting a gun, the victim then dies due to the bullet wound.

Question 18

The accused acts with intent to kill or cause serious harm (elements of murder)

Answer 18

Must have men’s rea, intent to kill or cause serious harm.

Question 19

Defences of murder

Answer 19

An individual may use the defences of mental impairment (mental illness), intoxication (drug/alcohol abuse) and or self-defence (acting under duress or because of initial physical contact).

Question 20

Possible impacts of murder on society, victim etc.

Answer 20

Murder can impact a victim’s family and friends as they lose faith in the justice system and live in fear as does society. Costs of medical and legal enforcements may increase, work productivity may decrease etc.

Question 21

Criminal culpability

Answer 21

To prove criminal culpability is to prove the defendant is in fact guilty. The prosecution may achieve this by proving the elements of a crime, arguing against the general defences, evidence provided my police/detectives. The verdict will result in guilty or not guilty and sanctioning is left to the judge.