Offences Against the Person
What is the offence called when a person unlawfully kills another person with the intention to kill ?
Murder
What is the offence called when a person takes someone else's property with the intention of permanently depriving the owner of it?
Stealing
What is a sentence in criminal law?
The penalty or consequence imposed by a court on a person found guilty of an offence.
Which section of the Queensland Criminal Code defines murder?
Section 302.
What does the word offender mean?
A person who commits an offence. A person accused of an offence is not presumed guilty before guilt is established.
A person unlawfully causes another person's death, but the circumstances show that there was no intention.
Manslaughter.
What offence involves stealing property while using or threatening violence in the circumstances specified by Queensland law?
Robbery.
True or false: Every person convicted of stealing receives a prison sentence.
False. The sentence depends on the offence, the applicable law and the circumstances of the case.
Which section defines manslaughter?
Section 303.
What does Mens Rea mean?
Mental state- criminal intent
What is the difference between assault type 1 and assault type 2.
Assault type 1 requires the actual striking or application of force to another person without their consent whereas, assault type 2 is the gesture to attempt or actual threaten another person where there is the possibility to effect the purpose.
What is the difference between breaking and entering and burglary?
Breaking and entering describes conduct involving entry, while burglary concerns entering or being in another person's dwelling with the intent or committing an indictable offence.
Does stealing and robbery have the same sentence? Explain why they are different.
No, this is because robbery has the additional requirement of violence.
Which section deals with burglary?
419 or 419-421
At 11:30 am, Noah notices that his neighbour's back door is open. He enters the house without permission, intending to take a gaming console. Once inside, he changes his mind after hearing a car pull into the driveway. He leaves immediately without touching anything.
The homeowner, Mrs Wilson, later discovers muddy footprints inside the house. A neighbour says they saw Noah near the property, but nobody saw him enter. Noah claims he was looking for a lost football.
Question: Could burglary apply even though Noah took nothing and entered during the daytime? What fact must investigators establish?
Yes, burglary can apply.
What is the crime resulting from the death of a person due to carelessness?
Manslaughter
A person enters a dwelling intending to steal a laptop but leaves without taking anything. Could burglary still apply? Explain.
Yes, they still had the intention to commit an indictable offence.
Two people are convicted of the same type of offence. Must they receive exactly the same sentence? Explain.
No. Their sentences can differ because the circumstances, seriousness of the conduct, personal circumstances and other relevant sentencing factors may differ.
Match the offence to its section: common assault and grievous bodily harm.
Common assault — s 245; grievous bodily harm — s 320.
Ethan is furious with his landlord after receiving a notice to vacate. At 9 pm, he pours petrol onto a pile of rubbish beside the landlord’s detached garage and lights it. Before leaving, he films the flames and says, “That’ll teach him to mess with me.”
Ethan later tells police that he only wanted to burn the rubbish and scare the landlord. However, the fire spreads to the garage and destroys it. Investigators find the petrol container and video on Ethan’s phone. Ethan had also searched online for how quickly petrol fires spread.
Question: What offence is the intended answer, and which evidence most strongly supports it?
Arson, deliberate use of petrol and lighting.
Explain two elements of GBH
caused an injury that amounts to GBH to another person unlawfully, the injury amounts to GBH when:
-loss of body part or organ
-serious disfigurement
-body injury that left untreated would endanger life
Dealing with the property in a way that is inconsistent with the rights of the owner.
If an offence carries a maximum penalty of life imprisonment, does that mean every person convicted must receive life imprisonment?
No. The maximum is the highest available penalty, not an automatic sentence.
In which section of the Criminal Code Act is stealing defined?
s390 and s391
At a crowded school sports carnival, Liam sees Oliver drop his wallet. Liam picks it up and starts walking away. Oliver notices and follows him, saying, “That’s mine. Give it back.”
Liam turns around, raises his fist and says, “Come any closer and I’ll punch you.” Oliver stops because he is frightened. Liam then runs through the crowd with the wallet. A teacher sees the exchange and hears the threat. Liam later argues that he merely found the wallet and that Oliver never actually handed it over.
What is the crime?
Robbery