Exam Revision Unit 1 AOS 2

Question 1

The purposes of criminal law

Answer 1

Protecting individuals
Protecting property
Deterrence of crime
Protecting society
Protecting justice

Question 2

The presumption of innocence

Answer 2

Treating people as not being guilty until the charge is proven.
- prioritising protecting the innocent rather than punishing the guilty
- balances the power of the State
- outlines the importance of preserving individual liberty, dignity and autonomy

Question 3

Key concepts of criminal law

Answer 3

Elements of a crime: actus reus and mens rea
Strict liability: offences where it is not necessary for the prosecution to prove mens rea
Age of criminal responsibility: the age at which law regards a child can commit a crime
Burden of proof: upholds the presumption of innocence
Standard of proof: strength of evidence required to prove a legal case

Question 4

Types of crime

Answer 4

Crimes against the person: involve a person being physically harmed or threatened with harm. e.g. murder, assault
Crimes against property: involve using force or deception to obtain, damage or destroy property. e.g. theft, arson

Question 5

The distinction between summary offences and indictable offences

Answer 5

• Summary offences are minor crimes, indictable are more serious
• Summary are heard in the Magistrates Court, whereas indictable are tried in the County or Supreme Court
• Magistrates decides guilt and sentence of summary offence, for indictable jury decides guilt and judge decides sentence
• Summary calls for a hearing, indictable calls for a trial

Question 6

Possible participants in a crime

Answer 6

Principle offender: the person who commits the crime or anyone who is involved in the commission of an offence. Also if they have entered into an agreement, arrangement or understanding with another person to commit the crime. A person involved in the commission of an offence is taken to have committed the offence and can therefore be liable to the maximum penalty of that offence.
Accessory: a person who obstructs or hinders the arrest despite knowing or believing the offender to be guilty of a serious indictable offence.

Question 7

Elements of murder

Answer 7

The killing was unlawful
The accused’s actions were voluntary
The actions of the accused caused the death of the victim (causation)
- would the death of the victim have occurred ‘but for’ the actions of the accused
The accused acted with intent to kill or cause serious harm (malice aforethought)
- intentional: intended to kill or cause serious harm or knew that it was probable that death or serious harm would occur
- reckless: the death occurred and it was reasonably foreseeable for the accused to realise that their action could lead to serious harm

Question 8

Defences to murder

Answer 8

1. Self-defence
   - their conduct was a reasonable response in the circumstances as the accused perceived them
   - must believe their action was necessary to protect themselves or another person from death or serious injury
2. Mental impairment
   - did not know what they were doing
   - did not know their conduct was wrong
   - ‘not guilty by reason of mental impairment’
3. Duress
4. Sudden or extraordinary emergency
5. Automatism
   - committed act involuntarily due to having a total loss of control over their bodily movement
6. Intoxication
   - must prove intoxication was not self-induced
   - intoxication was involuntary due to fraud, reasonable mistake, force, or the effects of the proper use of prescription
7. Accident

Question 9

Impacts of murder

Answer 9

Victim and family: loss of life, trauma, loss of source of income, funeral costs.
Offender and family: loss of connections, harshness of prison, loss of source of income, shame.
Community: feeling unsafe, loss of trust in the legal system, taking justice into their own hands sometimes, impacts social cohesion.