Show:
Elements of a crime
Sanctions
POJs
Murder
Indictable v Summary Offences
100

Mens Rea is also referred to as

Guilty Mind

100

What are the three types of sanction

  • CCO, Imprisonment, Fines
100

Explain why treating everyone the same is not always the best way to achieve equality in the justice system.

Because true equality sometimes requires different treatment to account for disadvantage.

100

What is murder

Murder is the unlawful and intentional killing of another person with malice aforethought by a person who is of the age of discretion and of sound mind.

100

what is the key difference between a summary and indictable offence

Summary offences are minor whereas indictable are more serious

200

Which term refers to the physical act or unlawful omission that constitutes a crime.

Actus Reus

200

What are the 5 purposes of a sanction?

  • Punishment, deterrence, denunciation, protection, rehabilitation
200

A courtroom uses complex language that many people don’t understand. Which principle is being violated and why?

Fairness

200

What kind of offence is murder

Indictable offence

200

what is the maximum penalty for a single summary offence

Maximum 2 years,

300

True or False: Strict liability crimes require proof of a person’s intent to break the law.

False

300

How much is a Level 2 fine worth

  • $460,000
300

Compare fairness and equality. How are they different in the context of sentencing?

Equality gives the same punishment for the same crime; fairness considers circumstances like age or intent.

300

2 main elements of murder

Actus reus 

Mens rea

300

what is an example of an indictable offence

Murder, drug trafficking, recklessly, causing serious injury, burglary

400

In a murder case, this specific form of mens rea must usually be proven.

Intent to Kill

400

how do the police enforce criminal laws

talking witness accounts, gathering evidence, charge people with most relevent offence

400

A wealthy person hires the best lawyers, while a poor person gets minimal legal aid. Which two principles are at risk, and how?

Fairness and access — because financial status affects trial quality and legal help.

400

One elements of murder is the victim was a.....

Human

400

What are the conditions for indictable offences that can be heard summarily?


    • The accused person must agree (esp. as there is no jury in the Magistrates Court)
    • The court must agree (Magistrate must determine to be appropriate and not too serious)
    • The crime charged must be punishable by less than 10 years imprisonment or 1200 penalty units.
500

Explain the key difference between strict liability crimes and offences that require mens rea.

Strict liability crimes do not require proof of intent, while crimes with mens rea require the prosecution to prove the accused had a guilty mind

500

Define Appropriateness

Appropriateness refers to the something being beneficial, suitable or proper for a circumstance. In legal studies, we have to consider whether different processes and sanctions are suitable and beneficial to a case before us

500

Analyse how all three principles of justice can work together or come into conflict in a high-profile criminal case.

Analyse how all three principles of justice can work together or come into conflict in a high-profile criminal case.

In a public trial, fairness may clash with access (e.g. media pressure), while equality demands consistent treatment despite public opinion.

500

What law states that the maximum penalty for murder is life imprisonment

Crimes Act 1958 (Vic), states that the maximum penalty for murder is life imprisonment.

500

which type of offence is: theft

Indictable offence, petty theft is summary.