Year 11 Legal Studies

YEAR 11 LEGAL STUDIES

Practice Test 2

AREA OF STUDY 2 – CRIMINAL LAW

Name:______

1.  Define the following terms:

1. Automatism (2 marks)

______

1. Perjury (2 marks)

______

1. Rape (2 marks)

______

1. Homicide (2 marks)

______

1. Presumption of innocence (2 marks)

______

1. Standard of proof (2 marks)

______

2.  Explain the difference between a “principal” and an “accessory”. (2 marks)

______

3.  Strict liability offences do not require mens rea. Provide 2 examples of such an offence (2 marks)

______

4.  Explain the 3 basic features of criminal law. (4 marks)

______

5.  Identify 3 of the aims of punishment in criminal law. (3 marks)

______

______

6.  Fill in the gaps:

1. Homicide, rape and assault are all examples of crimes against the ______. (1 mark)

1. The intention to murder is called ______. (1 mark)

1. The Crimes Act 1958 lists the most serious criminal offences known as ______. (1 mark)

1. Less serious criminal offences can be found in the ______Act 1966. (1 mark)

1. Usually self-defence will not apply unless the person was responding to an immediate attack. However, this is not an absolute requirement in cases of ______. (1 mark)

1. The defence of intoxication can be claimed if the accused was so under the influence of ______or ______that they did not know what they were doing, thus limiting their ability to form the ______to commit a crime. (3 marks)

1. Examples of property offences include: ______, ______and ______(3 marks)

1. Examples of crimes against morality include: ______and ______(2 marks)

1. In the case of R v Jones, R stands for______and Jones is the ______. (2 marks)

1. In the case of Smith v Nguyen, Smith is the ______and Nguyen is the ______. (2 marks)

7.  Read the following scenario:

“Jocelyn is shipwrecked and manages to swim to a deserted island. On the island she finds another shipwrecked passenger, Annie, who has broken ribs and other internal injuries. Annie is in pain and cannot walk. Supplies that would last for two people for three days have been washed ashore. Jocelyn reckons that there is little chance that they will both be able to survive and that Annie will die anyway from her injuries. Jocelyn kills Annie by suffocating her when she is asleep. Two days later Jocelyn is rescued.”

What offence has Jocelyn committed? What defence(s) may apply here? Explain your answer, using the decision in the Mignonette case as a precedent.

______(6 marks)

8.  Read the following scenario:

“Genevieve is working as a bartender at the Royal Copperfield Hotel. An argument develops between two of the customers, William and Danny. Danny is threatening William with a knife and says that he will kill him. Genevieve tells Danny to take it easy and put the knife down. Danny calmly tells Genevieve that he is not threatening her and that she should mind her own business. As Danny moves towards William, Genevieve hits him over the back of the head with a full bottle of beer. Danny suffers severe head injuries and later dies.”

What offences have been committed in this scenario? What defence(s) may Genevieve use? Explain your answer using the definition of murder.

______(6 marks)