Principles of Crime
What does actus reus mean?
Actus reus means the guilty act (the physical action of the crime).
What is the minimum age of criminal responsibility in Australia?
10 years old.
What is the definition of murder?
Murder is the unlawful killing of another person with intent.
What is the lowest court in the Victorian court hierarchy?
Magistrates’ Court.
What is cybercrime?
criminal activity involving computers, networks, or the internet.
What does mens rea mean?
Mens rea means the guilty mind (the intention/knowledge to commit the crime).
Translate doli incapax into English.
“Incapable of crime.”
Name one complete defense to murder.
various correct answers: Self-defense, mental impairment, necessity, etc.
Which court is the highest in Australia?
The High Court of Australia.
Give one example of a common cyber threat.
Phishing (other correct answers: hacking, ransomware, scams, data breaches, etc.).
Why are both actus reus and mens rea required for most crimes?
Both are needed to prove that someone both committed the act and had intent, showing responsibility.
Why does the law treat children aged 10–13 differently when accused of crimes?
Because children 10–13 may not fully understand right from wrong, so the prosecution must prove they knew their actions were criminal.
Explain how mental impairment can be used as a defence to murder.
If a person cannot understand their actions due to mental illness/impairment, they may not be held fully responsible.
What type of cases does the County Court usually hear?
Serious criminal offences (like armed robbery), appeals from Magistrates’, and some civil cases.
What is the main purpose of sanctions?
To punish, deter, or restrict individuals, groups, or nations who break international or domestic law.
Give an example of a situation where actus reus exists without mens rea.
Example: Accidentally breaking a window while playing sport = actus reus without criminal intent.
Give one argument for raising the age of criminal responsibility.
Raising the age protects children’s development and reduces long-term harm from contact with the justice system.
Compare self-defense and provocation as legal defenses.
Self-defence = protection from harm; provocation = loss of self-control after being provoked. Self-defence can fully acquit, provocation may reduce murder to manslaughter.
What does “appeals process” mean in the court system?
The process of asking a higher court to review and possibly change a decision made in a lower court.
Explain the difference between financial sanctions and travel bans
Financial sanctions freeze assets and restrict financial transactions; travel bans prevent individuals from entering/leaving a country.
Explain why strict liability crimes are an exception to the actus reus + mens rea rule.
Strict liability crimes (e.g., speeding, selling alcohol to minors) do not require mens rea — only the act itself must be proven.
Evaluate whether doli incapax should continue to apply in modern Australia. Give reasons.
Answers need to have reasonable justification
In a case study of your choice, explain how a defense to murder was successfully used or why it failed.
In R v. Falconer, mental impairment was argued; in A Time to Kill (film). Jury agreed he was not in right mind
Why is the High Court of Australia important for constitutional interpretation?
The High Court interprets the Constitution, settles disputes between governments, and makes decisions that set binding precedents. (eg. Mabo v Queensland)
Why can cybercrimes often be difficult to prosecute?
Perpetrators are often overseas