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| Pregunta | Respuesta |
| Name 2 purposes of criminal law. | - Protect individuals. - Protect property. - Protect society. - Maintain public order and security. - Protect justice and the rule of law. - Protect rights and cultures. - Improve society. |
| Define the presumption of innocence. | The right of a person accused of a crime to be presumed and treated as innocent until they are proven guilty of a crime beyond a reasonable doubt. |
| Name 3 ways the presumption of innocence is protected. | - Burden of proof. - Standard of proof. - Bail. |
| What is the burden of proof? | The prosecution's responsibility to present evidence supporting the accused's guilt. |
| What is the standard of proof? | The standard at which proof must be in order for a court case to be "won". The standard is "beyond reasonable doubt". |
| Define "mens rea". | Translates to "guilty mind" and is the mental component of a crime. |
| Define "actus reus". | Translates to "guilty act" and is the physical component of a crime. |
| What is a strict liability crime? | A crime that does not involve mens rea and as such does not require proof of conscious intent. E.g; intoxicated driving, failing to display P plates, airport fare evasion |
| What is the age discretion? | Below 10 = cannot be charged. 10-13 = must take into account the legal principle of doli impax. Proof is required to prove the child's capability of having mens rea. Over 14 = is charged as an adult. |
| Define "summary offence". | A minor offence often heard in the Magistrate's court. E.g; drink driving, defacing property |
| Define "indictable offence". | A major offence often heard in the County or Supreme courts. E.g; homocide, treason |
| Define "principle offender" in legal terms. | A person who has directly committed the actus reus of the crime or assisted/encouraged the offence. |
| Define "accessory" in legal terms. | A person who interferes with the apprehension or prosecution of an offender of an indictable offence, but was not directly involved in committing the crime. |
| What are the 6 elements of murder? | 1. The killing was unlawful. 2. The victim was a human being. 3. The accused is over the age of discretion. 4. The accused caused the victim's death. 5. The accused was of sound mind. 6. There was malice aforethought. |
| What are the 5 main defences to murder? | 1. Self-defence. 2. Mental impairment. 3. Duress. 4. Sudden or extraordinary emergency. 5. Involuntary actions. |
| How have murder laws developed? | Murder was originally a common-law offence, however, it developed into statute law over time. |
| How does murder impact the offender? | - Guilt or shame. - Legal costs. - Impact on family's social status and finance. - Custodial sentences. |
| How does murder impact the victim and their family? | - Loss of life. - Trauma, grief, mental illness. - Funeral and legal costs. - Loss of trust in law. |
| How does murder impact society? | - Cost of publically funded medical treatment. - Increased need for emergency services. - Loss of workplace productivity. - Loss of trust in law. |
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