UNIT 1 - AOS 2

Question 1

What is criminal law?

Answer 1

A system of law concerned with the punishment of offenders.

Question 2

What is the purpose of criminal law?

Answer 2

Protect individual
Protect Property
Protect society
Maintain public order and security
Protects Justice and the rule of law
Protects Rights
Improves society generally

Question 3

What is a criminal act or omission?

Answer 3

An act is doing something (committing the crime)

An omission is failing to do something (not trying to stop the crime)

Question 4

What does it mean “Against an existing law”?

Answer 4

The act or omission must be prohibited by current law.

Question 5

How can a crime be harmful to an individual or society?

Answer 5

Harm can be physical, financial and/or psychological.

Question 6

How is a crime punishable by law?

Answer 6

Victoria Police is the main group enforcing the criminal law by arresting people and collecting evidence used by the prosecution in court cases.

Serious (indictable) offences are tried in the County and Supreme Courts, while minor (summary) offences are tried in the Magistrates’ Court.

Question 7

What is the Presumption of innocence?

Answer 7

Guarantees that a person is considered innocent until proven a charge against them is proved beyond reasonable doubt.

Question 8

What is the Burden of proof?

Answer 8

The prosecution is responsible for presenting valid, reliable and sufficient evidence in court to prove the accused is guilty.

Question 9

What is the standard of proof?

Answer 9

The evidence presented by the prosecution must prove that the accused is guilty beyond a reasonable doubt.

Question 10

The key concepts of criminal law:

Answer 10

The elements of a crime: actus reus, mens rea
Strict liability			
The age of criminal responsibility
The burden of proof	
The standard of proof

Question 11

What is actus reus?

Answer 11

A guilty act or omission is the physical act of committing a crime.

Question 12

What is mens rea?

Answer 12

The state of mind of the accused at the time of the offending.

Question 13

What is Strict liability?

Answer 13

They are that do not involve a guilty mind – the actus reus is enough to establish guilt.

Question 14

What is The age of criminal responsibility?

Answer 14

People under 10 cannot be charged with any crime. For those between 10 and 13, the prosecution must also prove the child knew their actions were wrong. Those 14 and over are criminally liable for their actions.

Question 15

What are some types of crime?

Answer 15

A - Crimes against a person
B - Property and deception
C - Drug offences
D - Public order and security offences
E - Justice produce offence
F - Other offences

Question 16

What are indictable offences?

Answer 16

They are serious crimes. They are generally by a judge and a jury in the county/supreme court.

Question 17

What are summary offences?

Answer 17

They are minor crimes. In the Magistrates court such as drunk driving and minor assaults.

Question 18

What are indictable offences heard summarily?

Answer 18

Some less indictable offences can be heard summarily (in the Magistrates Court with a jury). The courts and the accused have to agree before it can be heard summarily. Accused people will usually consent as the hearing will be quicker and cheaper and they may get a lesser sanction as there are limits on the maximum prison terms magistrates can impose.

Question 19

What are the possible participants in a crime?

Answer 19

Principal Offender

Accessory to a Crime

Question 20

What is the principal offender?

Answer 20

The person who commits the offence. Any other person involved in a crime is also treated by the law as if they committed the crime.

Question 21

What is an accessory to a crime?

Answer 21

A person who assists a principal offender after the commission of a crime, knowing that the offender has committed the crime.