Which is NOT true in proving self-defence as a defence to murder:

Court can't consider relationship between accused & victim

Which element needs to be shown for Manslaughter?

That the accused's actions caused the victim's death

Which is NOT relevant when considering whether to overturn the principle of "doli incapax"?

The child has previously been in trouble with the law

In which scenario would Emma NOT be considered to be an accessory to the theft?

Ben gets Emma to look after his IPad saying it was a gift

Which statement about the defence of intoxication is correct?

If drunkness self induced compare to sober reasonable person

Which is NOT an element of the crime of murder?

The accused's act must be the only cause of victim's death

Which death would NOT be considered manslaughter?

A prisioner kills a prison warder whilst escaping from jail

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VCE Legal Studies: Criminal Law #2

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Legal Unit 1 Criminal

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Questions 18

Answers

1
What is the standard of proof in a criminal trial?
On the Balance of Probabilities
Beyond Reasonable Suspicion
Beyond Reasonable Probability
Beyond Reasonable Doubt
2
What is NOT an aim of criminal sanctions?
Protection
Rehabilitation
Compensation
Deterrence
3
Which is NOT true in proving self-defence as a defence to murder:
Accused must prove he believed he needed to defend himself
Court can consider severity of self defence action taken
Court can't consider relationship between accused & victim
He had reasonable grounds for believing need to defend self
4
Which element needs to be shown for Manslaughter?
Intention to get onto the front page of the Courier.
Intention to inflict greivous bodily harm
That the accused's actions caused the victim's death
Intention to commit murder
5
Which of the following is an element of a crime?
Action Rea
Actus Real
Mens Rea
Mens reus
6
Which is NOT relevant when considering whether to overturn the principle of "doli incapax"?
The child had knowledge that he/she was doing wrong
The child had a mischievous disposition
The child is between 10 & 14
The child has previously been in trouble with the law
7
Which factor has not been proven to influences crime rates?
Unemployment Rates
House Prices
Methods of Recording Statistics
Poverty
8
Below which age is a child presumed to be incapable of forming the intent to commit a crime?
14
10
8
12
9
In respect of the standard of proof, "beyond reasonable doubt" means:
As sure as reasonably possible
As sure as rationally possible
Absolutely certain
More likely to have happened than not
10
Which of the following is not considered homicide under the Crimes Act (VIC) 1958?
Manslaughter
Murder
Infanticide
Bovicide
11
In which scenario would Emma NOT be considered to be an accessory to the theft?
Ben gets Emma to look after his IPad saying it was a gift
Emma distracts the shop assistant whilst Ben steals an IPad
Emma helps Ben plan the IPad theft
Emma has encouraged her friend Ben to steal an iPad
12
The main legislative source of criminal law in Victoria is
The Victorian Crimes Act 1958
The Criminal Code 1995 (Cth)
The common law
The Law Enforcement (Powers and Enforcement) Act 2002 (VIC)
13
Which of the following is NEVER a characteristic of an indictable offence?
Verdict determined by judge
Verdict determined by jury
Sentence determined by judge
Sentence determined by jury
14
If the accused causes the death of another whilst robbing a bank, what is said to exist?
Malice afterthought
Malty foodcourt
Malicious forethought
Malice aforethought
15
Which statement about the defence of intoxication is correct?
Intoxication can be used to prove there is no actus reus
Defence of intoxication proves accused acted voluntarily
Intoxication is a separate defence
If drunkness self induced compare to sober reasonable person
16
Which is NOT an element of the crime of murder?
The accused must have intended to commit the crime
The accused's act must be the only cause of victim's death
The accused must be of sound mind
The killing is unlawful
17
For a strict liability offence, the prosecution do not need to prove
Harm
Intention to commit the crime
Causation
Commission of the act
18
Which death would NOT be considered manslaughter?
The parent of very sick child fails to get medical treatment
A prisioner kills a prison warder whilst escaping from jail
Throwing a brick out of a 20th storey window without looking
The survivor of a suicide pact

VCE Legal Studies: Criminal Law #2 Flashcards | StudBud