Multi-Choice

Question 1

What is the penalty for attempted murder?

Answer 1

Everyone who attempts to commit murder is liable for a term of imprisonment not exceeding 14 years.

Question 2

R v TAREI

Answer 2

Withdrawal of any form of life support is not “treatment” under S166 of the Crimes Act 1961.
To withdraw life support does not cause death but removes the possibility of extending the person’s life through artificial means.

Question 3

Outline S181, Crimes Act 1961 (Concealing a dead body of a child)

Answer 3

Everyone is liable for a term of imprisonment not exceeding 2 years who disposes of the dead body of any child in any manner with intent to conceal the fact of its birth, whether the child died before, or during, or after birth.

Question 4

In which Court would a youth facing a charge of murder or manslaughter appear?

Answer 4

Young persons over 14 years of age are usually dealt with under the youth justice provisions of the CYPF Act, although charges of murder and manslaughter will be heard in the High Court following the committal process in the Youth Court.

Question 5

A question of law relating to whether a condition is a disease of the mind is answered by whom?

Answer 5

The Judge.

Question 6

R v KAMIPELI

Answer 6

It does not have to be shown that the defendant was incapable of forming the mens rea, merely that, because of their drunken state, they did not have the proper state of mind to be guilty

Question 7

What is the burden of proof for insanity?

Answer 7

The accused is not required to prove the defence of insanity beyond reasonable doubt, but to the satisfaction of the jury on the balance of probabilities.

Question 8

What is the relevant age of the person who is employed under S153 Crimes Act 1961?

Answer 8

Under the age of 16 years.

Question 9

Where a charge of infanticide is made, who decides on the Mother’s state of mind?

Answer 9

The Jury.

Question 10

Pursuant to S22(3)(a) of the Criminal Disclosure Act 2008, the notice under subsection (1) must include:

Answer 10

(3) Without limiting subsection (1),—
the notice under subsection (1) must include the name and address of the witness or, if the name and address is not known to the defendant when the notice is given, any matter known by the defendant that might be of material assistance in finding that witness;

Question 11

Before a conviction can be obtained for manslaughter, where one of the sections referred to is S150A(1) of the Crimes Act 1961, what must the prosecution prove?

Answer 11

A very high degree of negligence or gross negligence.

Question 12

Proximity is a question of law decided by whom?

Answer 12

The Judge.

Question 13

Written notice of an alibi is to be given by the defendant…

Answer 13

Within 10 working days after the defendant is given notice under S20 of the Criminal Disclosure Act 2008.

Question 14

R v COX

Answer 14

Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

Question 15

A general guideline, most offence within the Crimes Act 1961, will require an intent (mens rea) of some kind. Outline a defence that would therefore be generally available.

Answer 15

The defence of intoxication will be available to the defence to establish the defendant did not have the required intent to carry out the offence.

Question 16

Provide an overview of the culpability of person involved in suicide pacts.

Answer 16

Any survivor of a suicide pact is guilty of being a party to a death (if death of another person within the pact ensues).

Question 17

Outline S25 Crimes Act 1961, ignorance of the law:

Answer 17

The fact that an offender is ignorant of the law is not an excuse for any offence committed by him.

Question 18

Proximity to attempts:

Answer 18

Proxmity is a question of law; it is a question that is decided by the judge based on the assumption that the facts of the case are proved.

Question 19

Section 150A:

Answer 19

Before a conviction can be obtained for manslaughter where one of the sections referred to is referred to in section 150A(1) the prosecution must prove a “Very high degree” of negligence or “gross negligence”. The expressions “very high degree of negligence” and “gross negligence” are not defined by statute.

Question 20

What is the process for children aged 10-13 years charged with murder or manslaughter?

Answer 20

10-13 year olds charged with murder or manslaughter (a category 4 offence) are usually dealt with under the youth provisions of the CYPF Act. However, charges of murder and manslaughter will be heard in the High Court following the first appearance in the youth court in which the charging document was filed.

Question 21

S162, Crimes Act 1961

Answer 21

Death must be within a year and a day (Applies to culpable homicide, murder, manslaughter, and infanticide).

1) No one is criminally responsible for the killing of another unless the death takes place within a year and a day after the cause of death.
2) The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place.
3) Where the cause of death is an omission to fulfil a legal duty, the period shall be reckoned inclusive of the day on which such omission ceased.
4) Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last.