U1 AOS2

Question 1

What is a crime?

Answer 1

An act or omission that breaks an existing law, is harmful to society or individual and is punishable by law

Question 2

What are the elements of a crime?

Answer 2

Actus reus (guilty act), Mens rea (guilty mind)

Question 3

What is actus reus?

Answer 3

The physical elements of a crime; refers to actions or inactions for someone to be found guilty

Question 4

What is mens rea?

Answer 4

The mental elements of a crime; state of mind when engaging in actions or inactions, knowingly, intentionally, recklessly

Question 5

What is strict liability?

Answer 5

Where crimes have no mental element in their legal definition - only needs to prove the actus reus of the crime

Question 6

What is an example of strict liability?

Answer 6

Speeding, driving-related offences

Question 7

What is the age of criminal responsibility referring to?

Answer 7

The age a person must be to be charged with a crime

Question 8

What is the age of criminal responsibility in Victoria?

Answer 8

10, however if between 10-13, must prove the child knew, at the time of the crime, their actions were wrong (doli incapax, knowing right from wrong)

Question 9

What is the burden of proof?

Answer 9

The party that has the responsibility to prove the facts of the case (e.g prosecution)

Question 10

What is the standard of proof?

Answer 10

The strength of the evidence required to probe the case (e.g beyond reasonable doubt)

Question 11

Who decides guilt?

Answer 11

In Magistrates’ court, the judge. In County or supreme court, the jury.

Question 12

What is the presumption of innocence?

Answer 12

Every accused of a crime is presumed innocent until proven guilty in court.

Question 13

How is the presumption of innocence upheld?

Answer 13

Bail, high standard of proof, right to silence, burden of proof

Question 14

What is bail?

Answer 14

People are entitled to be released until hearing/trial, unless good reason to be held in custody

Question 15

What is the right to silence?

Answer 15

An accused does not have to say anything in court, no negative assumptions can be made based on this.

Question 16

Name some of the nature of crimes.

Answer 16

Crimes against person, property and deception offences, drug offences, public order and security offences, justic procedure offences.

Question 17

Classify types of offender/victim.

Answer 17

cyber-crime, hate crime, organised crime, juvinile crime, white collar crime.

Question 18

What is a summary offence?

Answer 18

Minor criminal offences, heard in the Magistrates’ court (e.g drink driving, begging)

Question 19

What is an indictable offence?

Answer 19

More serious criminal offences, usually heard before a judge and jury in County or Supreme court.

Question 20

What is an indictable offence heard summarily?

Answer 20

A less serious indictable offence heard in the same way as a summary offence. Both court and accused must agree for offence to be heard summarily.

Question 21

Why might you have case heard summarily instead of indictable?

Answer 21

It is cheaper, faster, max 2 years imprisonment for single offence, 5 for multiple offences (e.g minor theft)

Question 22

What are the possible participants in a crime?

Answer 22

Principal offender, person involved, accessory.

Question 23

What is a principal offender?

Answer 23

The person who has committed the actus reus and has the mens rea when committing the offence.

Question 24

What does ‘person involved’ mean?

Answer 24

A person who intentionally assists, encourages or directs another person to commit a crime. Or someone who makes an agreement with another person to commit a crime together.

Question 25

What is an ‘accessory’ to a crime?

Answer 25

A person who knowingly assists another person who has committed a serious indictable offence to evade arrest, prosecution or conviction.