Unit 2 i think

Question 1

What are the three defences to murder?

Answer 1

Self-Defence
Duress
Sudden or extraordinary emergency

Question 2

When is Self-Defence a Defence?

Answer 2

1. Believed that their actions were necessary to protect themselves or someone else from death or grievous bodily harm
2. perceived their actions to be a reasonable response in the circumstances

Question 3

When is Duress a Defence?

Answer 3

1.A threat of death or grievous bodily harm will be carried out unless they commit a crime
2. Committing a crime is the only way to avoid the threatened harm
3. Their conduct is a reasonable response to the threat made

Question 4

When is Sudden or extraordinary emergency a defence?

Answer 4

1. There was a sudden or extraordinary emergency involving death or grievous bodily harm
2. Their actions were the only way of dealing with the situation
3. Their conduct was a reasonable response to the situation

Question 5

what is murder

Answer 5

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

Question 6

elements of murder

Answer 6

1 accused killed a human being (actual reus)
2 accused acts was voluntary (actual reus)
3 accused’s act caused the death of the victim (actual reus)
4 accused acted w intention or recklessness (malice aforethought/ men’s rea)
5 the killing was unlawful (no valid defences)

Question 7

what is a principle offender

Answer 7

the person who commits the offence by carrying out the actual reus with the requisite men’s rea

can be considered as PO if they were involved in commission of crime , X have to be at crime scene to be involved assisting, encouraging, directing another to commit an indictable offence,
making an agreement with another person to commit another indictable offence together

Question 8

What is an accessory

Answer 8

any person who
1. knows or believes that a person has committed a serious indictable offence
2. and then acts to prevent the arrest, prosecution, conviction or punishment of that person

Question 9

presumption of innocence

Answer 9

refers to the right for all accused persons to be considered and treated as innocent until the charge has been proven by the prosecution beyond reasonable doubt

Question 10

age of crime responsibility

Answer 10

a person under age of 10 X be charged with crime.
person 10-13 doli incapax applies, means incapable of forming criminal intent (men’s rea) .
unless proven tho through medical or psychological assessments.
person aged 14 can be charged with a crime

Question 11

Self defence

Answer 11

1. believes that their actions were necessary to protect themselves or someone else (family) from death or grievous bodily harm
2. perceived their actions to be a reasonable response in the circumstances

Question 12

Driving

Answer 12

Driving means that a person has substantial control of the movement and direction of the Motor Vehicle

Question 13

Motor Vehicle

Answer 13

A Motor vehicle is a vehicle that is propelled by a motor and is normally used on a highway

Question 14

Categories for culpability

Answer 14

1. Recklessly- driver is aware that there is a substantial risk that another person could die or be grievously injured and yet consciously and unjustifiably disregards that risk (e.g speeding in poor conditions)
2. Negligently- driver fails, to a high degree, to observe the standard of care that a reasonable person would have observed in the same situation (e.g driving while fatigued)
3. Under Influence of drugs or alcohol - MUST render driver INCAPABLE of properly controlling the vehicle

Question 15

What are the Elements of Culpable driving causing death

Answer 15

1. the accused was driving a motor vehicle ( Actus Reus)
   2.Driving was Culpable (Mens Rea)
2. Culpable driving caused death of another person (actus Reus)

Question 16

What are the purposes of Criminal Law?

Answer 16

1. Protect Individuals (from physical, psychological and economic harm)
2. Protect society ( by defining prohibited behaviours and outlining sanctions to deter people from illegal conduct)
3. Protect Property (from harm)
4. Protect Justice (by providing proper processes to enforce law and penalise offenders)

Question 17

What is a crime?

Answer 17

A crime is an actor or omission that violates an existing law that causes harm to an individual or society and is punishable by law

Question 18

What are the Elements of a crime?

Answer 18

Actus Reus = the ‘guilty act’, the physical element of the crime

Mens rea= the ‘guilty mind’ the mental element of the crime

Question 19

Who holds the Burden of Proof in criminal Law?

Answer 19

Prosecution

Question 20

What is the standard of proof in Criminal Law?

Answer 20

Beyond reasonable doubt

Question 21

How is the presumption of innocence upheld?

Answer 21

Police Investigations allow individuals to have right to silence when being questioned, besides providing their name and address, and police can only collect forensic evidence when they reasonably suspect the person has committed a serious offence

in the Criminal Trial the arrested and charged has the right to apply for bail and await their trial in the community, prosecution bears Burden of Proof and has to establish guilt, accused has right to seek legal rep in court, court can be adjourned until representation is found, prior convictions of accused cannot be revealed in court until sentencing process

Question 22

How is the Presumption of Innocence Limited?

Answer 22

sometimes presumption is limited to protect community from individuals who have committed a serious and violent offence e.g Counter Terrorism Law makes it more difficult for those who have been previously charged of terrorism to be granted bail when charged with another terrorism offence.