Core: Crime

Which statement best describes a crime?

In a hypothetical case, a lifeguard employed to supervise a public pool watches a child struggle in the deep end and does nothing, and the child drowns. Why can the lifeguard's failure to act form the actus reus of an offence?

In a hypothetical case, a Commonwealth law makes it an offence of strict liability to fail to lodge a certain form on time. Under the Criminal Code Act 1995 (Cth), what follows for a person charged with that offence?

In a hypothetical case, Arlo stabs Bea in the chest. At hospital she receives ordinary, competent treatment, but the wound becomes infected and she dies. Arlo argues that the hospital, not he, caused her death. Which response best states the principle of causation?

In a hypothetical case, Cleo agrees to post a parcel overseas for a stranger who pays her well. She is aware of a substantial risk that it holds a prohibited drug, and in the circumstances she knows of, taking that risk is unjustifiable, but she posts it anyway. Under the Criminal Code Act 1995 (Cth), which fault element do these facts show about the parcel's contents?

In a hypothetical case, Dev sets a device to destroy a warehouse for an insurance payout. He knows a night guard is inside and is aware that the guard will die in the ordinary course of events, though he does not want the guard dead. Under the Criminal Code Act 1995 (Cth), what is Dev's fault element as to the guard's death?

Which offence is an offence against the sovereign?

In a hypothetical case, a company accountant uses her access to the payroll system to pay small amounts into her own account each month for three years. Which category of crime best fits her conduct?

A hypothetical Commonwealth Act creates an offence punishable by imprisonment for two years and says nothing else about how it is tried. Under the Crimes Act 1914 (Cth), which statement about the offence is correct?

In a hypothetical case, Fen robs a service station. That night, knowing what Fen has done, his sister lets him hide in her flat so police will not find him. She played no part in planning or carrying out the robbery. Which party to the crime is the sister?

In a hypothetical case, Gus stands at the corner during a burglary to warn his friend if anyone comes, while the friend breaks into the house. Which party to the crime is Gus?

In a hypothetical case, Hana plans to steal from a Commonwealth office. Under the Criminal Code Act 1995 (Cth), which of her acts most clearly goes beyond mere preparation, so that she could be guilty of attempt?

In a hypothetical case, Ivo and Jae agree to import a prohibited drug, and Ivo then books flights to collect it. Under the Criminal Code Act 1995 (Cth), which element of conspiracy does booking the flights supply?

Which measure is an example of situational crime prevention?

A hypothetical council wants to reduce youth property crime over the next decade, not just move it to another suburb. Which strategy best matches that aim?

Which factor affecting criminal behaviour is an economic factor?

In a hypothetical NSW case, a police officer suspects on reasonable grounds that Kai has just stolen a bicycle. Kai gives his correct name and address and hands the bicycle back. The officer arrests him anyway, saying an arrest will teach him a lesson. Under s 99(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), why is the arrest open to challenge?

Which of these is a reason listed in s 99(1)(b) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) for which an officer may be satisfied that an arrest without warrant is reasonably necessary?

Under s 17(2) of the Bail Act 2013 (NSW), which of these is a bail concern?

In a hypothetical NSW case, a magistrate who has assessed the bail concerns is satisfied that there is an unacceptable risk the accused will fail to appear at court. Under s 19(1) of the Bail Act 2013 (NSW), what must the magistrate do?

What does it mean for an accused person to be remanded in custody?

In a hypothetical case, Commonwealth investigators arrest Lou for a Commonwealth offence and want to interview her. Under the Crimes Act 1914 (Cth), what must an investigating official do before starting to question her?

Under the Crimes Act 1914 (Cth), what must an issuing officer be satisfied of before issuing a warrant to search premises?

In a hypothetical case, Commonwealth investigators question a suspect in a room with working recording equipment, but they do not record the interview, and the suspect confesses. Under the Crimes Act 1914 (Cth), what is the status of the confession at the trial for the Commonwealth offence?

In a hypothetical case, a state expands a camera network that reads the number plate of every passing car and stores the data. Which statement best evaluates this use of technology in investigating crime?

Which is the most likely reason that recorded crime figures understate how often some offences, such as domestic violence, occur?

In a hypothetical case, police decide that a person who has committed a minor offence need not be arrested. Which process brings the person before a court instead?

In the adversary system, what is the main role of the judge during a criminal trial?

In a trial for a Commonwealth offence, who bears the legal burden of proving the elements of the offence, and to what standard, under the Criminal Code Act 1995 (Cth)?

In a hypothetical trial for a Commonwealth offence, the accused says he acted in self-defence, and the evidence raises a reasonable possibility that he did. Under the Criminal Code Act 1995 (Cth), what must happen for him to be convicted?

In a hypothetical case to which the Commonwealth Criminal Code applies, Mara is confronted at night by a man holding what she believes is a knife, and she shoves him hard; it was in fact a phone. Under s 10.4, how is the reasonableness of her response judged?

In a hypothetical case, Noor joins a smuggling group to make money. Later the group's leader threatens to hurt her unless she carries drugs through an airport, and she does. Under the Criminal Code Act 1995 (Cth), why is duress unlikely to excuse her?

In a hypothetical NSW murder trial, the jury accepts that a partial defence applies. What verdict follows?

In a hypothetical NSW criminal trial, a jury of 12 has deliberated for five hours. Eleven jurors agree on a verdict and one does not. Under s 55F of the Jury Act 1977 (NSW), can the court accept a majority verdict now?

In a hypothetical case, the prosecution agrees to replace a charge of aggravated robbery with a lesser charge if the accused pleads guilty. Which is the strongest criticism of this practice?

In a hypothetical case, a person is charged with importing a commercial quantity of a border controlled drug under the Commonwealth Criminal Code, an indictable offence. Under the Director of Public Prosecutions Act 1983 (Cth), who would usually institute the prosecution on indictment?

What is the main purpose of cross-examining a witness in a criminal trial?

Which development most directly threatens the principle that a jury's verdict must rest only on the evidence presented in court?

In a hypothetical case, a person convicted after a jury trial asks a higher court to quash the conviction because the trial judge misdirected the jury. What kind of jurisdiction is the higher court exercising?

A judge says that the sentence must discourage other people from committing the same kind of offence. Which purpose of punishment is the judge relying on?

In a hypothetical NSW case, a judge sentencing an offender for a violent attack says the sentence must make clear that the community condemns what he did. Which purpose in s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) is the judge relying on?

In a hypothetical NSW case, a judge imposes a long prison term on an offender who has repeatedly committed violent offences, saying that while he is in custody he cannot harm anyone. Which purpose in s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) does that reasoning reflect most directly?

In a hypothetical case, an offender pleads guilty at an early stage, shows genuine remorse and has no prior convictions. How are these matters most likely to be treated in sentencing?

In a hypothetical case, a young woman of good character is found to have committed a trivial federal offence. Under the Crimes Act 1914 (Cth), what may the court do even though the charge is proved?

In a hypothetical case, a court convicts a person of a federal offence and, without passing sentence, releases him on condition that he is of good behaviour for two years. Which type of penalty is this?

Which feature most clearly distinguishes restorative justice from a conventional sentencing hearing?

What is parole?

In a hypothetical NSW case, a 19-year-old with no record commits a serious robbery while addicted to drugs and has since entered treatment. Which two purposes in s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) are most likely to pull in opposite directions?

In a hypothetical NSW case, a nine-year-old deliberately smashes a neighbour's window. Can the child be found guilty of an offence?

In a hypothetical case, a 12-year-old is charged with a Commonwealth offence. Under the Criminal Code Act 1995 (Cth), what must be shown before the child can be criminally responsible?

In a hypothetical case, Commonwealth investigators arrest a 16-year-old and want to question her as a suspect. Under the Crimes Act 1914 (Cth), what must happen for the questioning to go ahead?

Which principle in the Convention on the Rights of the Child most directly guides when a young offender should be held in detention?

Which reason best explains why the criminal justice system treats young offenders differently from adults?

Which crime falls within the jurisdiction of the International Criminal Court under the Rome Statute?

In a hypothetical case, a group uses deception to bring workers into Australia from overseas and then forces them to work without pay. Which category of international crime does this fall into?

In a hypothetical case, an Australian citizen is accused of genocide abroad, and the Commonwealth is genuinely investigating and prosecuting him under Division 268 of the Criminal Code. Can the International Criminal Court hear the case?

In a hypothetical case, a serving head of state is accused of crimes against humanity. Under the Rome Statute, what is the effect of the person's official position?

In a hypothetical case, another country asks Australia to extradite a person accused of fraud there. Under the Extradition Act 1988 (Cth), what do Australian courts decide in the extradition proceedings?

Which is the most significant practical limitation on the International Criminal Court's effectiveness?

In a hypothetical NSW case, an officer has only a hunch, with no facts behind it, that Uma has committed an offence, though he believes arrest would stop her fleeing. Under s 99(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), why does the arrest fail to meet the section?

In a hypothetical case, Wen and Yas agree to import a prohibited drug and both intend that it be imported, but neither of them does anything further. Under s 11.5 of the Criminal Code Act 1995 (Cth), can they be found guilty of conspiracy?

In a hypothetical case to which the Commonwealth Criminal Code applies, Zak knows that officers are lawfully arresting him, but he punches one of them and later claims he was defending himself. Why does self-defence under s 10.4 fail?

In a hypothetical case, Ari pays an overseas supplier for what he believes is a prohibited drug and collects the package at Sydney Airport, intending to import the drug. Testing shows the powder is harmless sugar. Section 11.1 of the Criminal Code in the Criminal Code Act 1995 (Cth) provides that conduct must be more than merely preparatory for an attempt, and that a person may be found guilty of attempt even if committing the offence attempted is impossible. Which statement about Ari's liability is correct?

In a hypothetical case, Bo lends his friend his security key card to a Commonwealth office so the friend can steal from it. The day before the theft, Bo texts the friend that he wants no part of it, but he does not ask for the card back or do anything else, though he knows the friend still plans to go. The friend uses the card and commits the theft. Section 11.2(4) of the Criminal Code (Cth) provides that a person cannot be found guilty of aiding an offence if, before it was committed, the person terminated his or her involvement and took all reasonable steps to prevent its commission. Can Bo rely on s 11.2(4)?

In a hypothetical case, a Commonwealth offence of strict liability forbids selling a regulated product to a person under 18. Section 9.2(1) of the Criminal Code (Cth) provides that a person is not criminally responsible for such an offence if, at or before the time of the conduct, the person considered whether or not facts existed and is under a mistaken but reasonable belief about those facts, and had those facts existed the conduct would not have been an offence. Cass sells the product to a 16-year-old who looks about 25. She never thought about his age at all. Which statement is correct?

In a hypothetical case, federal police arrest Dara, a 40-year-old who is not an Aboriginal person or a Torres Strait Islander, at 9.00 am for a Commonwealth offence that is not a terrorism offence. Questioning is delayed for a reasonable 30 minutes while she is driven to the nearest station with interview facilities, then for a reasonable 45 minutes while her lawyer travels to the station, and then for 20 minutes because the investigating officer is finishing another interview. No extension is sought. Section 23C(4) of the Crimes Act 1914 (Cth) limits her investigation period to 4 hours after arrest, and s 23C(7) says to disregard reasonable time during which questioning is delayed to convey the person to the nearest premises with facilities, or to allow a legal practitioner to arrive. What is the latest time at which her investigation period can end?

In a hypothetical NSW case, a man is charged with assault. The magistrate finds an unacceptable risk that, if released, he will keep committing minor offences of offensive language, and a risk that he will fail to appear which is real but acceptable with conditions. He poses no risk to the victim, any witness or the evidence. Section 17(2) of the Bail Act 2013 (NSW) defines a bail concern as a concern that the accused, if released, will fail to appear, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence. Section 19(1) says a bail authority must refuse bail if satisfied, on the basis of an assessment of bail concerns, that there is an unacceptable risk. Does s 19(1) require the magistrate to refuse bail?

In a hypothetical NSW criminal trial, two jurors are discharged during the trial and it continues with 10. After 11 hours of deliberation, which the court considers reasonable, nine jurors agree on a verdict. The judge examines one juror on oath and is satisfied that a unanimous verdict is unlikely. Section 55F of the Jury Act 1977 (NSW) applies only where the jury consists of not less than 11 persons, and permits a majority verdict after at least 8 hours of deliberation if the court, after examining one or more jurors on oath, is satisfied that a unanimous verdict is unlikely. Can the jury return a majority verdict under s 55F?

In a hypothetical trial for a Commonwealth offence, the provision creating the offence says that it does not apply if the defendant proves that he held a permit. Sections 13.4 and 13.5 of the Criminal Code (Cth) provide that a burden of proof a law imposes on a defendant is a legal burden only if the law expressly says so, for example by requiring the defendant to prove the matter, and that a legal burden on a defendant must be discharged on the balance of probabilities. Which statement about the permit is correct?

In a hypothetical case, a judge sentencing a first offender for a federal fraud says that imprisonment is the usual penalty for frauds of this size and imposes a prison term, without considering whether any other sentence would be appropriate. Section 17A(1) of the Crimes Act 1914 (Cth) provides that a court shall not pass a sentence of imprisonment for a federal offence unless, after considering all other available sentences, it is satisfied that no other sentence is appropriate in all the circumstances; s 17A(3) provides that a failure to comply with the section does not invalidate any sentence. Which statement best describes the judge's approach?

In a hypothetical case, a 19-year-old of excellent character with serious health problems is found to have committed a federal offence that is not trivial. Given her character and health, the court thinks it inexpedient to punish her, and it wants to avoid recording a conviction but to require her to be of good behaviour for two years. Section 19B(1) of the Crimes Act 1914 (Cth) allows a court satisfied that a federal charge is proved, having regard to the person's character, antecedents, age, health or mental condition, the extent (if any) to which the offence is trivial, or the extent (if any) to which it was committed under extenuating circumstances, to discharge the person without proceeding to conviction on giving security to be of good behaviour for up to 3 years. Can the court make the order it wants?

In a hypothetical case, a state party to the Convention on the Rights of the Child lawfully detains a 15-year-old as a last resort and for the shortest appropriate time. Because its youth centre is full, it holds him in an adult prison wing, saying separate housing would cost too much. Article 37(c) of the Convention requires every child deprived of liberty to be separated from adults unless it is considered in the child's best interest not to do so. Which statement best evaluates the state's conduct?

In a hypothetical case, a national of a state party to the Rome Statute is accused of crimes against humanity committed when he was 17. He is now 26. His own state held a trial designed to shield him, which acquitted him. Under the Rome Statute, can the International Criminal Court try him?

In a hypothetical case, Fia was convicted in Australia of a fraud and has served her full sentence. Another country, an extradition country, now asks Australia to surrender her for an extradition offence based on the same conduct. Section 7(e) of the Extradition Act 1988 (Cth) says there is an extradition objection if the person has been acquitted or pardoned in the extradition country or Australia, or has undergone the punishment provided by the law of that country or Australia, for the extradition offence or another offence constituted by the same conduct. Which statement is correct?