Legal Foundations
What are the principles of justice?
Fairness, Equity, Access
Identify one purpose of criminal law
Protect individuals/ Protect property / Maintain public order and maintenance / Protects justice and the rule of law / Protects rights / Improves society generally
Identify one defence to murder
1 | self defence
2 | intoxication
3 | accident
4 | automatism
5 | duress
6 | mental impairment
7 | Emergency
Identify four purpose of sanctions
Punishment / Deterrence (General and Specific) / Denunciation / Protection
Sing the first verse from the Rose and Bruno Mars song - "APT"
Kissy face, kissy face sent to your phone, but
I'm tryna kiss your lips for real (uh-huh, uh-huh)
Red hearts, red hearts, that's what I'm on, yeah
Come give me somethin' I can feel, oh-oh-oh
Identify one role laws play in regulating social cohesion.
Laws give guidelines of what we have to do and how to behave/ Laws apply to everyone / Laws provide a way for people to resolve disputes and conflicts / Laws make people aware of the consequences for going against societies expectations.
In a criminal case, who has the burden of proof and what is the standard of proof?
In a criminal case, the burden of proof lies with the prosecution and the standard of proof is beyond reasonable doubt.
What are the 3 groups of people that are affected by the crime of murder?
1 | community
2 | offender
3 | victims and family
What is the maximum number of jurors in a criminal case?
15
Who is the artist for this song? 30 sec
Teddy Swims
Outline three characteristics of an effective law
1. Reflect society's values
2. Be enforceable
3. Be known to society
4. To be clear and understood
5. To be stable
Outline the two key elements of a crime
For a crime to be committed the following two elements need to be satisfied: the actus reus, which is the guilty act or physical wrongful action; and, the mens rea, which is the guilty mind or that the person knowingly and wilfully committed the wrongful act
Which court would hear a murder charge for a 15 year old accused?
Supreme Court
Outline the Victorian criminal court hierarchy.
Magistrates Court
County Court
Supreme Court Trial Division
Supreme Court Appeals division
Sing the first 3 lines first verse from the Benson Boone song - “Beautiful Things”
For a while there, it was rough
But lately, I've been doin' better
Than the last four cold Decembers I recall
Explain what is meant by a bicameral system of parliament
A bicameral system of parliament means that the parliament contains a head of parliament (governor general in Federal parliament and governor of Victoria in the Victorian parliament), then two seperate houses. Laws must pass through all three of these limbs of Parliament.
What are the two acts of parliament that guide the courts with Criminal law? Provides names and year of acts.
Summary offences Act 1966
Crimes Act 1958
Describe causation
The plaintiff needs to prove that the actions of the defendant caused or resulted in the harm they suffered, and that this harm only occurred because of the plaintiff's actions.
Facts or circumstances about an offender or an offence that can lead to a more severe sentence.
Aggravating factors
What is the name of Mr. Fuga's cat?
Koda
Explain the concept of common law
Common law is judge made law. Judges will make law through statutory interpretation and where this is not stature to apply to the case in front of them. Judges within the court hierarchy follow the doctrine of precedent set by higher courts.
Explain the difference between a principal offender and someone who is an accessory to a crime.
A principal offender is someone who has committed the actus reus and mens rea of a crime while an accessory to a crime is someone who assists a principle offender in committing a crime. For someone to be considered an accessory to a crime, they must 1) have known or believed to have known that the principle offender was committing a crime; and 2) have done something to stop the offender being arrested, prosecuted, convicted or punished for the crime.
What are the four elements of murder?
1 | the killing was unlawful
2 | the accused's act was involuntary
3 | the accused's act caused the victims death
4 | the accused acted with intent to kill or cause serious harm
What are three eligibility elements required for an offender to hear their case in the Koori Court?
1 | first nations persons
2 | must plead guilty
3 | within the jurisdiction of the court
4 | must not be a sexual offence
5 | the accused must consent to hearing in the Koori Court
Sing the national anthem
Australians all let us rejoice
For we are young and free
We've golden soil and wealth for toil
Our home is girt by sea
Our land abounds in nature's gifts
Of beauty, rich and rare
In history's page let every stage
Advance Australia fair
In joyful strains then let us sing
Advance Australia fair
Beneath our radiant Southern Cross
We'll toil with hearts and hands
To make this Commonwealth of ours
Renowned of all the lands
For those who've across the seas
We've boundless plains to share
With courage let us all combine
To advance Australia fair
In joyful strains then let us sing
Advance Australia fair