Defences to criminal charges
Which defence is available where the accused can prove that they were in fact mentally or cognitively impaired?
Mental health/ Cognitive Impairment
Who is responsible for determining the sentence in a criminal case?
A) The police
B) The jury
C) The judge or magistrate
D) The victim's family
C) The judge or magistrate
Is this evidence admissible or inadmissible?
A video recording of a theft from a shop’s security camera.
Admissible. It is real evidence that is relevant to the case and legally obtained
What is the largest mammal on Earth?
A) African Elephant
B) Blue Whale
C) Giraffe
D) Great White Shark
B) Blue Whale
Which artist had the hit song "Stick Season"
A) Taylor Swift
B) Noah Kahan
C) Billie Eilish
D) Dua Lipa
B) Noah Kahan
What defence is where the accused must be able to prove that they committed a crime against their own free will. The unlawful pressure that is applied by one person to induce another person to do something against their will.
Duress
What is the primary legislation governing sentencing in New South Wales?
A) Crimes Act 1900 (NSW)
B) Crimes (Sentencing Procedure) Act 1999 (NSW)
C) Evidence Act 1995 (NSW)
D) Criminal Procedure Act 1986 (NSW)
B) Crimes (Sentencing Procedure) Act 1999 (NSW)
Is this evidence admissible or inadmissible?
A confession obtained after police threatened the accused.
Inadmissible. It was obtained unlawfully under duress, violating the Evidence Act 1995 (NSW).
Which animal can regrow its limbs if they are lost?
A) Octopus
B) Starfish
C) Komodo Dragon
D) Seahorse
B) Starfish
Which song by Taylor Swift, featuring Post Malone, was among the top-charting tracks in 2024?
A) Cruel Summer
B) Fortnight
C) Lover
D) I Remember Everything
B) Fortnight
What defence is where the accused must believe their actions were a reasonable response based on the circumstances at that time, and reasonable grounds must exist for those beliefs.
Self- defence
What is the maximum penalty for murder under the Crimes Act 1900 (NSW)?
A) 20 years' imprisonment
B) Life imprisonment with 20 years parole
C) 25 years' imprisonment
D) 14 years' imprisonment
B) Life imprisonment with 20 years parole
Is this evidence admissible or inadmissible?
Scenario: A recording of a phone conversation made without the other person’s consent.
Inadmissible. Under NSW law, recordings made without consent are illegal unless an exemption applies, making this evidence inadmissible.
What is the only bird capable of hovering in place?
A) Kingfisher
B) Hummingbird
C) Peregrine Falcon
D) Parrot
B) Hummingbird
Which artist released the song "Greedy," which became a top hit in 2024?
A) Ariana Grande
B) Tate McRae
C) Olivia Rodrigo
D) Dua Lipa
B) Tate McRae
Which defence is the defence in which the defendant claims that their actions were a direct result of the other person’s actions, which caused them to lose control and commit the offence in question?
Provocation
Which of the following is an example of an aggravating factor in sentencing?
A) Showing remorse
B) Prior convictions
C) Mental illness
D) Good character
B) Prior convictions
Is this evidence admissible or inadmissible?
Scenario: A neighbour testifies that they "think" the accused is guilty based on behaviour.
Inadmissible. This is an opinion and not expert evidence, which is generally excluded.
What unique feature allows snakes to eat prey larger than their head?
A) A highly acidic stomach
B) Hinged jaws
C) Extendable teeth
D) Flexible neck vertebrae
B) Hinged jaws
Beyoncé's song "Texas Hold 'Em" was part of her 2024 achievements. Which genre best describes this track?
A) Pop
B) R&B
C) Country-inspired pop
D) Electronic
C) Country-inspired pop
Fill in the blank:
Most defences revolve around the ........... of the offence, basically the accused could not have the requirements of a guilty mind to be proven for the offence.
Mens Rea
What is judicial discretion in sentencing?
A) The power of a jury to set penalties.
B) The ability of judges to interpret laws as they see fit.
C) The authority of judges to determine sentences on a case-by-case basis.
D) The right of judges to override statutory maximum penalties.
C) The authority of judges to determine sentences on a case-by-case basis.
What term is an out of court statement made by someone other than the witness reporting it. For example, while testifying in John’s murder trial, Anthony states that John’s best friend told him that John had killed the victim. Anthony did not hear John make the admission firsthand
Hearsay
Which animal is known to have the longest migration of any mammal?
A) Monarch Butterfly
B) Arctic Tern
C) Humpback Whale
D) Gray Whale
D) Gray Whale
Which two artists collaborated on the 2024 hit "I Remember Everything"?
B) Zach Bryan and Kacey Musgraves