Terminology
Offences against person
Offences against property
Defences
Pot Pourri
100
Almost all crimes require two elements: mens rea and
Actus reus
100
Describe the major element that provides the difference between a murder charge and a manslaughter charge
Intent to kill
100
What charge would be prosecuted against an offender wilfully and unlawfully set fire to a building or structure
Arson
100
Explain the term 'criminal responsibility'
Where a person is accused of an act or omission and that person possesses a mental element of ‘guilt’ then they have a level of criminal responsibility.
100
Define 'reasonable doubt'
Any amount of doubt that would lead a jury to return a verdict of not guilty
200
Which term describes the responsibility of proving a disputed charge or allegation (hint: this falls on the prosecution)
Onus of proof or Burden of proof
200
What is the term used to describe a person who helps the principal prepare to commit a crime?
An accomplice
200
Section 418 of the Criminal Code defines breaking and entering. What is the difference between 'breaking' and 'entering'?
‘Breaking’ – to open any part of a dwelling intended to be closed. ‘Entering’ – as soon as any part of the persons body, or instrument used by the person enters the premises.
200
When will an offender be considered NOT criminally responsible?
If they can prove that an excuse or defence applies to their case.
200
Which court hears summary offences in Queensland?
The magistrates court
300
Name two sources of criminal law in Queensland
Criminal Code 1899 Vicious Lawless Association Disestablishment Act 2013 Drugs Misuse Act 1986 etc
300
Name one element that, if it is present, will lead to a charge of grievous bodily harm instead of assault
A) the loss of a distinct part or organ of the body, or B) serious disfigurement, or C) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health, whether or not treatment is or could have been available.
300
What is the maximum legal BAC in Queensland?
0.05% or 0.00% for a P plate driver
300
List four common defences in criminal cases
Intoxication - s28 Immature age - s29 Compulsion - s31 Provocation - s304 Diminished Responsibility - s304A Self-defence - s272 Ignorance of the law – bona fide claim of right - s22 Independently of the exercise of the will - s23 Accident - s23 Mistake of fact - s24 Extraordinary emergencies - s25 Insanity - s26 and s27
300
Name one piece of legislation that was written specifically to deal with offenders under the age of 17
Youth Justice Act 1992 (QLD) Children’s Court Act 1992 (QLD)
400
Explain the concept of double jeopardy
The act of putting a person through a second trial for an offence for which he / she has already been prosecuted
400
What is the age of consent in Queensland?
16
400
Name two factors that are considered when sentencing drug offenders
Schedule of drug Whether supplied to children Quantity possessed or supplied or trafficked
400
Name the defence that may apply when a person uses such force that is reasonably necessary for preservation from death or grievous bodily harm
Self defence
400
Queensland courts use the ___________ system.
Adversarial
500
The standard of proof for a criminal trial is...
Beyond reasonable doubt
500
Give one aggravating factor that can lead to an increased sentence
Crime is committed against: A person under 10 A person over 65 A person with an intellectual disability etc
500
Name two elements that must be present for a 'wilful damage to property charge'
Wilfull Unlawful Damages or destroy Property of another
500
A _______ defence may result in a lesser charge being applied.
Partial
500
List five theories of punishment
Deterrence Retribution Rehabilitation Denunciation Community protection
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