HSC Legal Studies – Crime Questions With Complete
Solutions
Adversary System Correct Answers In an adversarial system of
trial the two sides of the case try to present and prove their
version of the facts and disapprove the other side's version
Aggravating factors Correct Answers Factors taken into
account by the magistrate or judge when determining the
sentence. Put forward by the prosecution to persuade the judge
of the severity of the crime
Appeal Correct Answers Under the Crimes (Appeal and
Review) Act 2001 (NSW) a person found guilty of an offence
can appeal against the guilty conviction on certain grounds, or
can appeal against the severity of the sentence
Arrest without warrant Correct Answers Armed police must
give a clear warning of their intent to use firearms, allow
sufficient time for the warning to be heeded and only use
firearms when it is 'strictly unavoidable in order to protect life'
Bail Correct Answers Under the Bail Act 1978 (NSW) if bail is
granted, the defendant is free to go but must attend court on a
later date.
Burden of Proof Correct Answers innocent until proven guilty
Categories of a crime Correct Answers offence against a
person, offence against the sovereign, economic offence, drug
, offence, driving offence, public order offence, preliminary
offence, regulatory offence
Causation Correct Answers proving that there is causal link
between he actions of the accused and the result
Charge Correct Answers At the end of detention, must either
charge or release the accused.
Charge Negotiation Correct Answers A charge negotiation is
an agreement between the DPP and the accused that involves the
acceptance of a guilty plea, usually in exchange for something
else
Children's court Correct Answers Has jurisdiction for care and
control matters and criminal jurisdiction under 18yrs old.
Focuses on rehabilitation of the offender and can't sentence
offenders to an adult prison
Circle sentencing Correct Answers Targeted at aboriginal
offenders that is designed to introduce meaningful and relevant
sentencing options in the Aboriginal community
Complete defences to a crime Correct Answers mental illness,
self defence, necessity, duress, consent
Continued detention Correct Answers the detention of serious
offenders after their term of imprisonment
Solutions
Adversary System Correct Answers In an adversarial system of
trial the two sides of the case try to present and prove their
version of the facts and disapprove the other side's version
Aggravating factors Correct Answers Factors taken into
account by the magistrate or judge when determining the
sentence. Put forward by the prosecution to persuade the judge
of the severity of the crime
Appeal Correct Answers Under the Crimes (Appeal and
Review) Act 2001 (NSW) a person found guilty of an offence
can appeal against the guilty conviction on certain grounds, or
can appeal against the severity of the sentence
Arrest without warrant Correct Answers Armed police must
give a clear warning of their intent to use firearms, allow
sufficient time for the warning to be heeded and only use
firearms when it is 'strictly unavoidable in order to protect life'
Bail Correct Answers Under the Bail Act 1978 (NSW) if bail is
granted, the defendant is free to go but must attend court on a
later date.
Burden of Proof Correct Answers innocent until proven guilty
Categories of a crime Correct Answers offence against a
person, offence against the sovereign, economic offence, drug
, offence, driving offence, public order offence, preliminary
offence, regulatory offence
Causation Correct Answers proving that there is causal link
between he actions of the accused and the result
Charge Correct Answers At the end of detention, must either
charge or release the accused.
Charge Negotiation Correct Answers A charge negotiation is
an agreement between the DPP and the accused that involves the
acceptance of a guilty plea, usually in exchange for something
else
Children's court Correct Answers Has jurisdiction for care and
control matters and criminal jurisdiction under 18yrs old.
Focuses on rehabilitation of the offender and can't sentence
offenders to an adult prison
Circle sentencing Correct Answers Targeted at aboriginal
offenders that is designed to introduce meaningful and relevant
sentencing options in the Aboriginal community
Complete defences to a crime Correct Answers mental illness,
self defence, necessity, duress, consent
Continued detention Correct Answers the detention of serious
offenders after their term of imprisonment
