term 2 general revision

Question 1

presumption of innocence

Answer 1

the presumption of innocence is the legal principle that prosecutors must prove guilt. the accused does not have to prove innocence and is considered innocent until proven guilty.

Question 2

onus of proof

Answer 2

is on the accuser to prove guilt and ensures they are:
1. informed of the charge
2. provided the right defence
3. not disadvantaged by financial resources (or lack thereof)

Question 3

benefits of the presumption of innocence

Answer 3

it guarantees that any person who is accused of a crime will be treated as innocent until the charge has been proved beyond reasonable doubt

Question 4

adversarial system

Answer 4

! the organisation of a trial !
two opposing sides can present their sides of the case to an unbiased judge

Question 5

principle v.s. accessory

Answer 5

principal - person who does the act (crime)
accessory - assists the principal

Question 6

summary offence

Answer 6

minor offences
no preliminary hearing
no jury
e.g. loitering, traffic violation

Question 7

indictable offences

Answer 7

severe
formal written charge
preliminary hearing - if enough evidence go to Districts Court
e.g. physical assault, armed robbery

Question 8

mens rea

Answer 8

the accused person sufficiently intended to commit the crime

the prosecution must prove, to some degree, that the accused intended to commit the crime

Question 9

actus reus

Answer 9

refers to the physical act of carrying out a crime

the prosecution must prove that the accused carried out the relevant criminal act