Term 2 2019

Question 1

What is criminal law

Answer 1

is the section of law that deals with criminal matters that endangered, or had the potential to endanger others physically , mentally of financially

Question 2

what is aStrict liability offence

Answer 2

where prosecution only needs to prove a crime was committed, and not that the offence was intentional

Question 3

what is causation

Answer 3

where someone is indirectly hurt physically, mentally or financially by the accused’s actions. the prosecution has to show a sufficient link between accused and accident

Question 4

Actus Reus

Answer 4

caught in the act of a crime

Question 5

Mens Rea

Answer 5

caught with intention to perform a crime

Question 6

Name 4 types of assault

Answer 6

Common assault- no or minimal harm section 335
Assault occasioning bodily harm- section 339
Serious Assault- threatening/ hurting 60+ yr old or impaired person section340
Grevious bodily harm- intent to kill, torture

Question 7

What is rape

Answer 7

having carnal knowledge of another without consent

Question 8

what is cognitive capacity

Answer 8

if someone is not of sound mind i.e. vegetables, drunk, high etc

Question 9

what is sexual assault

Answer 9

assualt of a sexual nature yet without penetration

Question 10

What is carnal knowledge of a child

Answer 10

having or attempting to have sex with a child under 16 years old. Filming a child in a sexually suggestive manner

Question 11

what is stealing

Answer 11

unlawfully taking a moveable item that is not yours, max 5 years

Question 12

what is robbery

Answer 12

threatening with violence while stealing, max 14

Question 13

what is burglary

Answer 13

entering a dwelling or trespassing with the intent to commit an indictable offence, max 14yrs

Question 14

what counts as possesion of illicit drugs

Answer 14

having drugs on your physical being, max 25

Question 15

what is producing an illicit drug

Answer 15

to off, prepare, manufacture or produce a dangerous drug, max 25

Question 16

what is supplying drugs

Answer 16

offer, give, distribute, sell, administer, transport or supply drugs, max 25

Question 17

what is trafficking a drug

Answer 17

carrying on the business of trafficking a dangerous drug, max 25

Question 18

what is a summons

Answer 18

official document that rewuires a person to give evidence in a Magistrates court

Question 19

what is a subpoena

Answer 19

official document the requires a person to give evidence in the District of Supreme court

Question 20

what is direct evidence

Answer 20

evidence that proves a fact directly

Question 21

what is circumstantial evidence

Answer 21

evidence that suggests a fact of the case

Question 22

what does the bailiff do

Answer 22

administers oaths to the jury, general running of the court

Question 23

what does the court reporter do

Answer 23

take record of everything in district or supreme court

Question 24

what does judges assiociate do

Answer 24

assists judge in research

Question 25

immature age?

Answer 25

younger than 10
cant be held criminally responsible
under 14 can be but only if they knew the offence was wrong

Question 26

what is an alibi? how much notice of an alibi is need?

Answer 26

proof that someone was not at the scene of the crime. Must notify the court of an alibi 14 days before the trial date

Question 27

what is duress

Answer 27

someone who was force to commit or be a part of a crime when threatened. only if the person would not have committed the crime under the same conditions

Question 28

what is mistake of fact

Answer 28

someone who commits an act honestly thinking it wasnt illegal

Question 29

What is an accident

Answer 29

if a genuine accident occurs, accused wont be charged as there is no motive. Needs to be proved that the reaction was normal

Question 30

what are 4 possible defences for the act of provocation

Answer 30

• provocation deprived defendant of self control
• defendant acted before they had time to cool down
• force used was proportional to force applied
• force not intended to kill or cause grevious bodily harm

Question 31

what is ignorance of the law

Answer 31

offence is related to property, and defendant did not mean to cause harm to proporty

Question 32

where is an appeal held

Answer 32

heard in supreme court

Question 33

name 6 barries to justice

Answer 33

elderly
woman
people in rural/ remote areas
homeless
disabled
people with different cultural/ linguistic backgrounds

Question 34

Name 7 standards to meet when applying to the drug court

Answer 34

18+
charged with drug offence
not been in jail for 12+ months
no priors
not currently in prison
drug dependant
plead guilty