Task words
Identify
State the answer / Pull the answer from the source
Identify two purposes of criminal law
* protect individuals
* protect property
* protect society and culture
* punish wrongdoers
* Establish norms and values
Describe one defence to theft
* Mental impairment
* Duress
* Involuntary actions - automatism, intoxication
* Sudden and extraordinary emergency
Identify which legislation summary and indictable offences can be found in
Summary Offences Act
Crimes Act
Explain
Define a concept + elaborate or example
Explain the presumption of innocence
* Innocent until proven guilty
* Accused is not responsible for proving their innocence
* e.g bail, burden, standard, lawyers etc
Identify three possible mens rea for murder
* intent to kill
* intent to seriously injure
* recklessness
* death during the course of rendering assistance
* death during the course of a violent offence
Lucas is 13 years old and has been found shoplifting gum from the Northcote Coles. Explain whether Lucas would be criminally charged.
* could be charged
* doli incapax
Discuss
Positives and negatives
Distinguish between burden and standard of proof
* party responsible for proving the facts of the case
* strength of the evidence needed to find someone guilty
* whereas
Explain the concept of causation using an example
* death caused by the actions of the accused
* no break in the causal chain
Distinguish between a principal offender and an accessory
Principal = commits the actus reus
Accessory = aware of the crime, assists afterwards
Analyse
Unpack all individual parts of a concept
Consider positives and negatives where relevant
Explain the concept of strict liability offences and provide an example
* crimes with no mens rea / actus reus elements only
* e.g driving offences
Explain each actus reus element of theft
* appropriates
* property
* belonging to another
* permanently deprive
Describe the impact of theft on the victim, offender and community
* Loss of property
* Loss of liberty through imprisonment
* Lack of safety in the community
How many names does Ms Zirkler have?
5