Unit 1 - AOS2

Question 1

Crime/Offence

Answer 1

An act or omission that goes against criminal law, is harmful to an individual or society, and is punishable by law. For example: arson, murder or drug trafficking.

Question 2

Offender

Answer 2

A person within a criminal case who has been found guilty, or pleaded guilty, to a crime.

Question 3

Act

Answer 3

Doing something that breaks criminal law, such as stealing a wallet.

Question 4

Omission

Answer 4

Failing to do something and hence breaking a criminal law, such as not returning a lost wallet.

Question 5

Victim

Answer 5

An individual or party that is harmed in a crime.

Question 6

Purposes of Criminal Law

Answer 6

1. Protect individuals
2. Protect property
3. Protect society
4. Promote justice

Question 7

Right to Silence

Answer 7

The right of an accused to refuse to answer questions or participate in an investigation.

Question 8

Bail

Answer 8

The temporary release of an accused person while they await trial, usually granted with payment, on the condition that they attend court at a later date.

Question 9

Conviction

Answer 9

A formal declaration of guilt by a judge or jury.

Question 10

Mens Rea

Answer 10

A Latin term meaning ‘guilty mind’. The intention or willingness of an accused to commit a crime.

Question 11

Actus Reus

Answer 11

A Latin term meaning ‘guilty act’. The physical act of committing a crime.

Question 12

Strict Liability Crime

Answer 12

A crime in which ‘mens rea’ does not have to be proven, such as speeding offenses.

Question 13

Age of Criminal Responsibility

Answer 13

The age at which a person can be arrested, charged and found guilty of a crime. 10 years old in Australia.

Question 14

Doli Incapax

Answer 14

A Latin term meaning ‘incapable of evil’

Question 15

Sanction

Answer 15

The penalty given by a court to a person who has been found guilty of a criminal offense. Usually a fine or jail time.

Question 16

Summary Offence

Answer 16

A minor offence that is heard in the Magistrate’s court, such as drink driving, speeding, or minor property damage.

Question 17

Indictable Offence

Answer 17

A serious offence that is heard in the County or Supreme Courts, such as aggravated burglary, drug trafficking or major assault.

Question 18

Charge

Answer 18

The allegation made by police against the accused in a criminal case. For example: charged with murder.

Question 19

Remand

Answer 19

The act of placing an accused person in custody while they await trial.

Question 20

Crimes against the person

Answer 20

An act or omission that causes harm, danger or threat to an individual. For example: assault or stalking.

Question 21

Crimes against property

Answer 21

Acts that result in the deprivation (removal), damage or destruction of someone else’s property. For example: arson or theft.

Question 22

Crimes against society

Answer 22

Acts or omissions that do not have a direct victim, but go against societal values and expectations. For example: drug trafficking or littering.

Question 23

Civil Dispute

Answer 23

A disagreement which takes place between two parties over a civil law. For example: defamation.

Question 24

Consumer Law

Answer 24

A subcategory of civil law that includes tenancy agreements, sale of goods/services and advertising laws.

Question 25

Contract Law

Answer 25

A subcategory of civil law that covers the legal agreements between two parties. For example: an employment contract.

Question 26

Tort Law

Answer 26

A subcategory of civil law that covers wrongs (torts) that interfere with an individual's rights. For example: negligence, defamation, trespassing and nuisance.

Question 27

Property Law

Answer 27

A subcategory of civil law that includes wills, building plans and real estate purchases.

Question 28

Negligence

Answer 28

A civil (but also sometimes criminal) wrong, in which an individual fails to exercise appropriate care over another. For example: an employer failing to put a railing on a dangerous staircase.

Question 29

Defamation

Answer 29

A civil wrong in which the reputation of one individual is damaged by the written or spoken words of another. For example: a magazine article accusing someone of lying.

Question 30

Sue

Answer 30

The process of taking legal action against a person or organisation that has breached civil law, with the intention of seeking money. Also known as 'litigation'.

Question 31

Compensation

Answer 31

What the plaintiff seeks in a civil case, usually money.

Question 32

Damages

Answer 32

An amount of money paid by one party to another during a civil dispute.

Question 33

Injunction

Answer 33

A court order requiring the defendant in a civil case to do/not o something. For example: a landlord renewing a rental period after wrongful eviction.

Question 34

Remedies

Answer 34

An order made by a court or tribunal, which is designed to solve a civil dispute; damages or injunctions.

Question 35

Principle Offender

Answer 35

A person who commits, encourages, or is actively engaged in the planning of a criminal offence.

Question 36

Accessory to a Crime

Answer 36

A person who knowingly assists a principal offender to conceal a serious indictable criminal offence after the crime has taken place.

Question 37

Murder

Answer 37

The voluntary, intentional and premeditated killing of another person.

Question 38

Malice Aforethought

Answer 38

A premeditated intention to kill or harm.

Question 39

Duress

Answer 39

A threat or other action used to coerce someone into doing something against their will.

Question 40

Automatism

Answer 40

A rarely used criminal defence where an accused argues that they were not in control of their body during the crime (due to a seizure or similar).

Question 41

How is the presumption of innocence upheld?

Answer 41

Burden of proof (lies with Prosecution) Standard of proof (beyond reasonable doubt) Reasonable belief (police must have reason for arrest) Right to apply for bail (live freely in community before trial) Right to seek legal representation (given resources available to defend their case) Right to silence (silence not seen a incriminating) Previous convictions (not revealed to court)

Question 42

Indictable offence heard summarily

Answer 42

A less serious indictable offence (such as minor theft) that can be heard in the Magistrates' Court, on the condition that the accused agrees, the court agrees, and that the offence is punishable by less than 10 years prison or 1200 penalty units.