Part 4

Question 1

What is an example of a case heard in the children’s court?

Answer 1

A 15 year old boy charged with theft

Question 2

What is an example of a case heard in the magistrates’ court?

Answer 2

A man charged with manslaughter awaiting a committal hearing

Question 3

What is an example of a case heard in the county court?

Answer 3

A town suing the Herald Sun for costs of $125,000

Question 4

What is an example of a case heard in the supreme court?

Answer 4

A woman charged with culpable driving causing death

Question 5

What is an example of a case heard in the high court?

Answer 5

Pauline Hanson suing the Australian government for defamation, seeking 1 million dollars

Question 6

What does criminal law deal with?

Answer 6

Offences against society that can be defined as intentionally doing something that is harmful to another person, immoral or offensive to society or punishable under the Crimes Act

Question 7

What are the 5 general aims of sanctions?

Answer 7

Retribution, to deter, rehabilitation, to protect the community and denounce the offender’s actions

Question 8

What is a fine?

Answer 8

A sum of money exacted as a penalty by a court of law or other authority, used for speeding, drinking-driving or traffic offences

Question 9

What is a community corrections order?

Answer 9

A flexible order that allows you to serve your sentence in the community, used for theft, burglary or unarmed robbery

Question 10

What is imprisonment?

Answer 10

The state of being in captivity or imprisoned, used for murder, rape or sexual assault

Question 11

In order for a person to be charged and convicted of a crime, what must occur?

Answer 11

They must have known at the time that they committed the offence and what they were doing was wrong

Question 12

What must be preset in order for an accused person to be found guilty?

Answer 12

Actus reus and mens rea

Question 13

What does actus reus mean and what must be proved?

Answer 13

A wrongful act, and it must be proved that the person who committed the crime intended to do so and understood their actions were wrong

Question 14

What does mens Rea mean and what must be proved?

Answer 14

A guilty mind, and it must be proved that the person who committed the crime intended to do so and understood their actions were wrong?

Question 15

What is the law regarding a person charged with a crime?

Answer 15

They are innocent until proven guilty

Question 16

Whom does the burden of proof rest with?

Answer 16

The prosecution, who must find evidence that proves both actus reus and mens rea

Question 17

In criminal law, what is the standard of proof?

Answer 17

Beyond reasonable doubt, meaning that there must be no doubt in the minds of the jurors, for the accused to be convicted of the crime

Question 18

What are indictable offences such as murder and rape heard before?

Answer 18

A judge and jury

Question 19

What are summary offences such as drink-driving heard before?

Answer 19

A magistrate, without a jury

Question 20

What is murder?

Answer 20

The unlawful and intentional killing of a person by another person, who is of sound mind and old enough to be aware and responsible for their actions

Question 21

What is the maximum penalty for murder?

Answer 21

Life imprisonment

Question 22

What must be present in order for a person to be found guilty of murder?

Answer 22

The victim must be a human being, the death must directly be caused by the accused, the killing must be unlawful, the intention to kill must be present, the accused must have a sound mind and be over the age of 10

Question 23

What is manslaughter?

Answer 23

The unlawful killing of a person that does not amount to murder because there was no intention to kill

Question 24

What is the maximum penalty for manslaughter?

Answer 24

20 years imprisonment

Question 25

What must be proved for someone to be found guilty of manslaughter?

Answer 25

The accused owed the victim a duty of care and fell below this standard, and that the accused actions were so unlawful and dangerous that a reasonable person in the circumstances would have realised a person would die