unit 1 area of study 2 crim A

Question 1

purpose of criminal law

Answer 1

protect individuals, society, property and justice

Question 2

What is a crime

Answer 2

An act or omission that violates an existing law
Causes harm to an individual or society
is punishable by law

Question 3

actus rea

Answer 3

the ‘guilty act’ the physical element of the crime

Question 4

Mens rea

Answer 4

The ‘guilty mind’ the mental element of the crime

Question 5

presumption of innocence

Answer 5

right of all accused to be treated as innocent until the charge has been proven

Question 6

criminal burden and standard of proof

Answer 6

burden: prosecution have to prove accused committed the crime
standard: Beyond reasonable doubt

Question 7

examples innocence being upheld

Answer 7

being able to apply for bail
seek legal representation
any priors not revealed to jury

Question 8

examples of innocence being limited

Answer 8

limited to protect community from people who committed serious offence

Question 9

summary offences

Answer 9

less serious offences
magistrates court
summary offences act 1966 (vic)
no jury

Question 10

indictable offences

Answer 10

more serious offences
county and supreme court
judge and jury plead NG
crimes act 1958(vic)

Question 11

Indictable heard summarily

Answer 11

some indictable offences are able to be heard in mag court eg when crim damage and theft less than $100000

Question 12

principal offender

Answer 12

person who commits the offence
However do not have to be present to be one if they intentionally assisted encouraged or directed one to commit

Question 13

accessory

Answer 13

Knows or believes someone has committed a serious indictable offence
acts to prevent arrest prosecution conviction or punishment of person

Question 14

def of murder

Answer 14

the unlawful and intentional killing of a human being by a person who acted voluntary and without lawful justification

Question 15

death of a human

Answer 15

the victim must have been a living person not a object, animal or a unborn child

Question 16

voluntary act

Answer 16

the accused must have had conscious and deliberate control of their bodily movement when committing the act that killed the victim

Question 17

causation

Answer 17

prosecution must prove a direct link between the accused’s actions and the death of victim
1; be a substantial and operating cause of death
2; made it a natural consequence for victim to seek escape

Question 18

intervening act

Answer 18

there may be an intervening act that breaks chain of causation
natural event irregular
medical treatment must be so palpably or overwhelming bad

Question 19

malice aforethought

Answer 19

malice: desire to hurt someone
aforethought: previously in mind (planned)

Question 20

intentional murder

Answer 20

intended to kill the victim
intended to cause grievous bodily harm

Question 21

reckless murder

Answer 21

Accused knew their actions will probably or likely kill or grievously injure someone but still commit the act with reckless indifference

Question 22

defences to murder

Answer 22

cast doubt on one of the elements of murder
raise a specific legal defence to justify actions

Question 23

self defence

Answer 23

believed their actions were necessary to protect themselves or someone from death or GBH
perceived their actions to be a reasonable response in the circumstances

Question 24

duress

Answer 24

1: a threat of death or GBH will be carried out unless commit crime
2:committing a crime is only reasonable way to avoid the threatened harm
3: their conduct is a reasonable response to the threat made

Question 25

sudden or extraordinary emergency

Answer 25

1:sudden or extraordinary emergency involving death or GBH
2:their actions were the only way of dealing with the situation
3:their conduct was a reasonable response to the situation

Question 26

sanction for murder

Answer 26

max penalty life imprisonment + a non parole period of 25-30 years

Question 27

trends for murder in vic

Answer 27

recorded murder offences per 100000 has remained relativtly stable

Question 28

trends for murder in NT

Answer 28

the number of murders recorded per 100000 has increased significantly

Question 29

impact on victim + family and friends

Answer 29

loss life for victim / psychological harm for family and friends / may have been primary financial provider of family

Question 30

impacts on society

Answer 30

may feel vulnerable and cautions about where the go / spur community into grassroot activism / murders = strain police and tax payers dollars

Question 31

impacts on accused

Answer 31

Face a term of imprisonment / accused may experience shame, guilt and remorse