Nature of Crime
What are strict liability offences?
Only actus reus needs to be proved.
Many traffic offences are strict liability offences.
Which legislation governs police powers in NSW
LEPRA
Describe a committal hearing.
Committal hearings/proceedings take place in the local court and determine whether there is enough prima facie evidence for indictable offences to go to trial in a higher court.
Explain the purpose of deterrence and identify the tow types of deterrence
General and Specific
Discourages or is intended to discourage someone from doing something in a specific or general manner.
What is doli incapax?
The doctrine that recognises the age of criminal responsibility at age 10.
What is the definition of a crime?
There must be an act, or failure to act, that is seen as harmful to society and is punishable by the state
What is remand and how does it challenge the rule of law
Placing someone in detention until they go to trial. The presumption of innocence
Describe the adversarial system of trial, noting the roles of legal professionals
Two opposing parties, the prosecution and defence presenting evidence to the jury (or judge). The prosecution has the burden of proof, the judge is an impartial arbiter who ensures due process.
Explain the purpose of retribution and provide and example
Punishment that is considered to be morally right or deserved based on the nature of the crime. It is related to the concept of revenge or getting even
Outline two alternate methods of sentencing and argue their strengths and weaknesses
Circle Sentencing
Restorative Justice
Juvenile Justice Conferencing
Strengths and Weaknesses - teacher discretion
What is causation?
Causation is the link between the act and the result/injury.
What is bail. Outline the conditions whereby a magistrate can grant bail to an adult in NSW
Conditional release. Unacceptable risks: flight risk, danger to society, risk of interfering with witness. For some offences "Show Cause".
Explain the relevance of Dietrich v the Queen (1992)
A defendant has the right to a fair trial and Australian courts have ruled that a trial will rarely be fair for an accused without adequate legal representation. The High Court recognised this in a Dietrich v The Queen in 1992
Name five penalties
Cautions, infringement notices, no conviction recorded, fines, forfeiture of assets, bonds, probation, suspended sentences, community service orders, imprisonment and diversionary programs.
Explain how the Criminal Justice System discriminates against Aboriginal and Torres Strait Islander peoples, providing examples and statistcs
Answer: Teacher discretion
Identify and describe the TWO elements of crime
actus reus: guilty act. The act or omission took place, it was done by the accused person and it was voluntary
mens rea: guilty mind. The intention to commit the act or omit the duty, or recklessness or negligence
How long can the police keep someone in custody without charge?
Bonus question 500 points: How long can police keep someone in custody if they suspect them of terrorism and what is this called (hint PDO)
6 hours
NSW legislation: 14 days. Preventative detention order.
Outline the make up of a jury and their role
Bonus Question - 400 points - Argue a strength and weakness of the jury system providing an example
To determine guilt or innocence on the standard "beyond reasonable doubt"
Judged by peers - reflect community standard
Trial by media - Fobigg
Explain what aggravating factors and mitigating factors are providing examples
Aggravating circumstances are taken into account by the magistrate or judge when determining the sentence. They may result in the maximum penalty being imposed. For example the use of a weapon, or the age of the victim
These are matters that persuade the judge that the maximum penalty should not be imposed, and are put forward by the defence. They are factors which lessen the sentence. For example, the offender's past good record, or a guilty plea.
Outline what the following mean providing examples:
The Rule of Law
Natural Justice/procedural Fairness
No one is above the law, applies equally to everyone eg: presumption of innocence
Fair trial:
Right to know your charges
to be judged by peers
decisions based on evidence
unbiased arbiter
Identify the parties to a crime
Principal in the first degree
Principal in the second degree
Accessory before the fact
Accessory after the fact
Identify 5 police powers and identify what police use whilst using each of these powers
detain and question, search and seizure, use reasonable force, arrest and interrogate, recommend bail
Discretion
Outline four complete defenses to a crime and two partial defenses
Bonus question. 500 points - Explain the process and argue for and against plea bargaining
Complete: Insanity, Automatism, Duress, Self Defence /necessity, Consent,
Partial: Provocation, Excessive Self Defence, Diminished Responsibility
Bonus: teacher discretion
Explain what mandatory sentencing is and explain how it impacts on the SOP
Bonus 500 points: providing relevant case and legislation
The legislature sets a mandatory minimum sentence regardless of individual circumstances.
Independence of the judiciary
Distinguish between voluntary and involuntary manslaughter providing examples
Voluntary - mens rea but mitigating circumstances
Involuntary - recklessness, negligence