Year Nature of Crime The Criminal Investigation Process Criminal Trial Process 2010 Following community pressure about high rates of graffiti and increasing clean-up costs, the NSW parliament decided to ban people from carrying aerosol cans on public streets. Which of the following influences are most likely to have led the parliament to make this law? A. Social and cultural B. Social and economic C. Cultural and political D. Cultural and economic 2011 Core Part I: Crime 2012 2013 2014 Essay: Explain the tension between community interests and individual rights and freedoms within the criminal justice system. Essay: To what extent are courts the only means of achieving justice within the criminal justice system? Essay: Assess the role discretion plays in the sentencing and punishment of offenders. Essay: To what extent does the criminal investigation process balance the rights of victims, suspects and society? In your answer, refer to the above statement. Police allege a driver was speeding in a school zone. What do the police have to prove if the matter goes to court? A. The driver was speeding. B. The driver intended to speed. C. The driver knew it was a school zone. D. The driver knew the school zone speed limit. Who has the burden of proof in a criminal case? A. The jury B. The judge C. The defence D. The prosecution Who has the burden of proof in a criminal case? A. Jury B. Plaintiff C. Defendant D. Prosecution Why could Kim and Ashley be charged with a strict liability offence? A. They had purchased the spray paint cans B. They had the intention to use the spray paint cans C. They had no proof of purchase for the spray paint cans D. They had possession of the spray paint cans on the train In the strict liability offence of selling alcohol to a 16 year old, which of the following must be proven? A. Mens rea B. Causation C. Actus reus D. Recklessness Andrew illegally downloaded music from the internet. What role did Andrew play in committing this offence? (A) Accessory after the fact (B) Accessory before the fact (C) Principal in the first degree (D) Principal in the second degree Lou is suspected by the police of having stolen a car. Which of the following is a legal power that the police have when they approach Lou? A.To arrest Lou B. To fingerprint Lou C. To require Lou to answer questions D. To require Lou to go to the police station Which category of crime does Andrew’s behaviour fall under? (A) Conspiracy (B) Preliminary crime (C) Economic offence (D) Offence against the person The police hold Susan in custody because they believe she may commit a serious crime. What is this an example of? (A) Remand (B) Recidivism (C) Protective custody (D) Preventative detention What is the purpose of a committal hearing? A To charge the accused B To establish the state’s case C To enter into charge negotiation D To empanel a jury from the electoral roll What is the standard of proof in a criminal case? A Beyond any doubt B Beyond reasonable doubt C On the balance of possibilities D. On the balance of probabilities Who determines if the standard of proof has been met in a criminal case? A. The jury B. The police C. The defendant D. The prosecution In the criminal justice system, decisions of higher courts are binding on lower courts. Which of the following terms is this statement describing? A Adjournment B Adjudication C Jurisdiction Who has the burden of proof in a criminal case? A. Jury B. Plaintiff C. Defendant D. Prosecution The Supreme Court is hearing a criminal case. At the conclusion of the third day, two jurors visit the crime scene. They discuss the defendant’s evidence and then encourage other jurors to find the defendant guilty. What is this an example of? A.A role of the jury D Precedent B. A denial of justice C. An aggravating factor D. A peremptory challenge In a criminal trial, the role of a jury is to determine whether A a sentence is given. B the standard of proof is met. C legal representation is granted. D evidence is admissible in court Peter, charge while under the influence of drugs, has caused the death of another person. He d with murder. Which court will be the first to hear the charge against Peter? (A) Drug Court (B) Local Court (C) Supreme Court (D) Coroner’s Court Alice has received an official legal document in relation to an offence she has allegedly committed. She is required to attend the local court on a certain date. What is this legal document known as? A. An indictment B. An injunction C. A summons D. A warrant Sentencing and Punishment A police officer issues a caution instead of an on-the-spot fine to a person whose car is illegally parked. What is the police officer’s action an example of? A. Discretion B Corruption C A breach of criminal law D A breach of the rule of law Which of the following may be an aggravating factor when sentencing in a criminal trial? A. The offender not being aware of the consequences of their actions B The offender not planning the crime C The age of the offender D The age of the victim Which of the following is a feature of victim impact statements in NSW? A.They are required by the court. B They are presented at sentencing. C They are used in determining guilt. D They are part of the prosecution case. Young Offenders Which of the following is a mitigating circumstance in a sentencing decision? A. The offender is young. B. The offender used a weapon. C. The offender has a prior conviction. D. The offender believed what he or she did was right. The purpose of specific deterrence in sentencing is to: (A) direct the offender to undertake education and training. (B) direct the offender to complete a community service order. C) discourage the offender from committing the offence again. (D) discourage others who may consider committing a similar offence. Which of the following is true of a victim impact statement? (A) It allows a victim to recommend a punishment. (B) It provides evidence for the prosecution in the trial. (C) It must be given by a person against whom the offence was committed. (D) It must be received by the court in writing after the conviction of the defendant. Kim is 12 years old. She has been accused of shoplifting from a major retail store. The matter has proceeded to court. Which of the following applies to Kim? (A) She will have a criminal record. (B) Her case will be heard in the Local Court. (C) She is presumed to be incapable of committing the offence. (D) She is below the age of criminal responsibility and will be acquitted. International Crime The Australian Government has ratified an international human rights treaty. What is the practical effect of this? A. It grants human rights to Australian citizens. B. It makes breaches of human rights punishable in Australia. C. It enables the Australian Government to enact human rights legislation. D. It makes breaches of human rights punishable by international tribunals. Which of the following is best characterised as transnational crime? A. Murder B. Torture C. Sexual assault D. People smuggling E. An Australian citizen has been charged under laws enacted by the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth). The alleged events occurred when he was on holidays in Indonesia. This is an example of the operation of which type of law? A. International law B. Transnational law C. Australian domestic law D. Indonesian domestic law Which of the following has the jurisdiction to prosecute genocide? A. The Human Rights Council B. The International Criminal Court C. The International Court of Justice D. The United Nations Security Council Which of the following rights is an example of universal suffrage? (A) The right to vote (B) The right to marry (C) The right to education (D) The right to freedom of religion Where a human right is set out in an international instrument, the action that best ensures its protection in Australian law is for it to be (A) acknowledged. (B) enacted. (C) promoted. (D) ratified. Which of the following is true of the International Criminal Court? (A) It is an ad hoc tribunal. (B) It is established by a treaty. (C) It deals with transnational crimes. (D) It is the judicial arm of the United Nations. Year Nature of Crime Core Part I: Crime 2017 2015 2016 2018 2019 Essay: How effective are domestic and international measures in dealing with transnational crime? Essay: ‘The criminal justice system must treat young offenders differently in order to achieve justice.’ To what extent is this statement true?x Essay: ‘A court’s decision whether to allow an accused person bail or to hold them in remand reflects the tension between community interests and individual rights and freedoms.’ Assess this statement with reference to the criminal justice system. Essay: Discuss the use of discretion in achieving justice in the criminal justice system Essay: Explain how postsentencing considerations seek to balance community interests and individual rights and freedoms. A community centre provides activities to improve the behaviour of local teenagers. What Is this an example of? A. General deterrence B Specific deterrence C Diversionary program D Social crime prevention An employee of a bank becomes aware of confidential information which will increase the bank’s share price. Before the information is publicly released, the employee buys shares in the bank. What is this an example of? A. A conspiracy B. A preliminary offence C. An economic offence D. A public order offence A person is charged with an offence of using obscene language. In which court will the trial most likely take place? A. Coroner’s B. District C. Local D. Supreme Mary was found to be an accessory before the fact in a bank robbery. Which of the following would have led to this finding? A. Mary supplied the gun that was used. B. Mary used the gun at the crime scene. C. Mary carried the money out of the bank. D. Mary hid the money taken from the bank. Alex is arrested on her way to rob a bank. What category of crime can she be charged with? A. Driving B. Economic C. Preliminary D. Public Order Michael travels by public transport to his office in the city. He has been caught travelling without a valid ticket. What types of offences have been committed by Michael? A Summary and public order B Summary and strict liability C White collar and public order D White collar and strict liability Sam helped Chris plan a crime. Chris drove to Sam’s house on his way to a bank. Sam gave Chris a weapon. Sam then stayed at home. Chris used the weapon to rob the bank. What is Sam likely to be charged with? A Accessory after the fact B Accessory before the fact C Principal in the first degree D Principal in the second degree Belinda is on trial for treason. Who has the role of ensuring that this trial is conducted fairly? A Jury B Judge C Magistrate D Public defender Which statement is true of strict liability offences? A. Mens rea must be proved B. Actus reus must be proved C. Burden of proof is not relevant D. Standard of proof is not relevant As a result of crowd violence leading to arrests at previous games, fans from opposing teams are now required to sit on different sides of the playing field. What is this an example of? A. A diversionary program B. An exercise of police discretion C. A social crime prevention strategy D. A situational crime prevention strategy A driver under the influence of alcohol causes damage to the value of $10 000 to another car. The driver is sentenced to imprisonment for drink driving. What sort of offence has the driver been convicted of? A. Economic B. Indictable C. Public order D. Summary The government announces a program that aims to improve school attendance for students who have high absentee rates. How could this initiative best be described? A. Social crime prevention B. A diversionary program C. A rehabilitation program D. Situational crime prevention Kim has been found guilty of drink driving. What did the prosecution prove? A. Kim was the person driving the vehicle. B. Kim knew her blood alcohol concentration was above the legal limit. C. Kim was the person driving the vehicle and her blood alcohol concentration was above the legal limit. D. Kim was the person driving the vehicle and she knew her blood alcohol concentration was above the legal limit. Police receive information that a suspect’s house is being used to manufacture large quantities of drugs for sale interstate. In which of the following situations can police search the suspect’s house? A. A warrant has been granted. B. A summons has been served. C. The prosecutor authorises a search. D. The Public Defender authorises a search. The Criminal Investigation Process Melanie is arrested for assault. A magistrate decides not to release Melanie while she waits for her trial. This means that Melanie is on A. bail. B. parole. C. probation. D. remand. A police officer orders a person to come with her to a police station. What is this an example of? A. Seizing evidence B. Arresting a person C. Issuing a summons D. Interrogating a person A person is held in custody before trial. What is this called? A. Bail B. Parole C. Remand D. Protective custody Criminal Trial Process Which court has appellate jurisdiction to hear criminal law matters? A. Local Court B. District Court C. Coroner’s Court D. Children’s Court A woman was found guilty of murder. During her trial, she successfully raised a defence and was found guilty of manslaughter…. Which defence did she raise? A. Aggravation B. Mental illness C. Extreme Provocation D. Self - defence Which of the following is correct about a person’s right to legal aid when on trial for a serious indictable offense? A. All accused persons have the right to legal aid B. The right to legal aid is only available in the Supreme court C. Defendants only have the right to legal aid if they plead guilty D. A person has the right to legal aid if an injustice is likely to occur Evidence recorded by a camera shows a person committing a crime. At the court hearing, the prosecution does not have to prove the person’s intention to commit the crime. For which crime was this person charged? A. Assaulting a stranger B. Speeding in a school zone Why does the Director of Public Prosecutions issue Prosecution Guidelines? A. To assist a magistrate to reach an informed decision B. To reduce the costs involved in running a defence case C. To help prosecution barristers to make a legal aid application D. To guide prosecutors and inform the public about actions taken in its name What is the main role of a jury in a criminal trial? A. To determine the penalty B. To represent the views of victims C. To decide if the accused person is guilty D. To advise the judge on community standards A person is found dead at the scene of a house fire. The police have evidence that the fire was lit on purpose. Which court would investigate the unexplained death? A. Local B. District C. Coroner’s D. Supreme Andrew is 15 years old and is caught shoplifting. Which of the following is correct in Andrew’s case? A. He may have a conviction recorded. B. He cannot be charged with the offence. C. His case will be heard in the Local Court. D. He is presumed to be incapable of committing the offence. Of the following, the person most likely to be granted legal aid under NSW law is a person Which of the following describes a situation where police require a warrant? A. To question a suspect B. To record a phone conversation C. To search a car suspected of containing illegal drugs D. To pull over a person suspected of driving a stolen car A phone app is released to make it easier for citizens to report suspected crimes to the police. How could this improve the criminal justice system? A. Citizens could contribute to the criminal investigation process. B. Citizens would be obliged to report all suspected criminal activity. C. Once a citizen report was made police would have to investigate the matter. D. Without a citizen report police would not be able to use their investigative powers The prosecution and defence agree an offender will plead guilty to manslaughter instead of being tried for murder. What is this agreement an example of? A. A partial defence B. Charge negotiation C. A complete defence D. Alternative sentencing Which of the following describes the defence of duress? A. The accused establishes they acted in self-defence. B. The accused lost control due to the victim’s actions. C. The accused establishes the victim consented to the crime. D. The accused establishes they committed a crime against their free will. C. Stealing money from an employer D. Planning to break into a neighbour’s house A. who pleads guilty. B. involved in a divorce. C. accused of a serious crime. D. appealing a criminal conviction. A magistrate has suspended a person’s driver’s license. The person decides to appeal the decision. Which court would be most likely to hear the appeal? A. Local Court B. District Court C. Licensing Court D. Court of Criminal Appeal What is the purpose of a committal hearing? A. To establish a case for summary offences B. To establish a case for indictable offences C. To determine the sentence for summary offences D. To determine the sentence for indictable offences Sentencing and Punishment Which of the following requires a person to attend court? A. caution B. arrest C. summons D. infringement notice Which of the following is a purpose of punishment? A. interrogation B. imprisonment C. rehabilitation D. restorative justice Mark is charged with an offence and the matter is brought to court by a police prosecutor. It is his first offence. Mark is found guilty and sentenced. What type of offence and penalty would most likely apply to Mark? A.a summary offence and a fine B. a summary offence and imprisonment C. an indictable offence and a suspended sentence D. an indictable offence and a good behaviour bond A member of parliament tries to influence a decision being made by the high court. What is this a breach of? A. Common law B. Division of powers C. Separation of powers D. The Charter of rights An offender and the victim of the crime attend a meeting to discuss the impact of the crime on the victim. What is this an example of? A. Retribution B. Restorative justice C. Charge negotiation D. A community service order A person who has no previous criminal record commits a minor crime. The judge finds the person guilty of the offence but does not record a conviction. What is this an example of? A. Judicial error B. Restorative justice C. Judicial discretion D. A suspended sentence Which of the following can be used as a partial defence? A. Accident B. Insanity C. Necessity D. Self defence A person is arrested for possession of illegal drugs. Which of the following will definitely increase the possibility of bail being granted? A. The accused is a minor B. The criminal history of the accused C. The accused intends to plead guilty D. The accused has legal representation New legislation proposes mandatory sentencing. A judge comments that the proposed legislation challenges judicial discretion. The judge is able to make these comments based on which legal principle? A. Precedent B. Ratio decidendi C. Division of power D. Separation of powers In sentencing an offender, the judge focuses on the importance of retribution. What is the judge’s aim in focusing on this? A. To penalise the offender B. To reduce future criminal behaviour C. To give the offender employment skills D. To educate the community about criminal behaviour Pat does not have a criminal record. He pleads guilty to a charge in the Local Court. Which of the following is true? A. Pat is very likely to go to prison. B. Pat’s case will be heard by a jury. C. A judge will determine an appropriate penalty. D. A magistrate will determine an appropriate penalty Which of the following is true of victim impact statements? A. They are used at committal hearings. B. They do not affect the sentencing of offenders. C. They include the interests of victims in the criminal justice system. D. They are presented in court by the victim before the accused is found guilty. How does the NSW Circle Sentencing process seek to improve the sentencing of offenders? A. By only applying to first time offenders B. By reducing available sentencing options C. By involving the community in sentencing D. By requiring the victim to be involved in the sentencing process Trevor, who is not an Australian citizen, is to be released from a NSW prison after serving a sentence of two years. On his release, can Trevor be deported to his country of origin? A. No, as he was sentenced by a NSW court and deportation is a federal matter. Jordyn is a homeless youth and is being sentenced for armed robbery. This is his second offence. Which of the following is a mitigating circumstance? A. Jordyn’s age Mary has been charged with manslaughter. Mary has told her lawyer that she was acting in selfdefence. Her lawyer gives her the following information: • Self-defence is a partial defence. • Her case may be heard in a judge-only trial. Why is some of this information incorrect? A. The trial must be heard before a jury. B. The trial must be heard before a magistrate. C. Self-defence is a complete defence to manslaughter. D. Self-defence cannot be used as a defence to manslaughter Daniel, a 14-year-old, is convicted of a public order offence. This is his first recorded conviction. Which of the following is the most likely penalty for Daniel? A Caution B Warning C Probation D Community service Anne is charged with murder. The prosecution and defence enter a charge negotiation and Anne agrees to plead guilty to manslaughter. What must the judge do? A Reject the agreement B Accept the agreement C Change the agreement D Consider the agreement A well‑ known public figure has served his full sentence of 20 years for a violent crime. He has been denied release because of aggressive behaviour in prison. What is this an example of? A Periodic detention B Protective custody C Continued detention D Security reclassification A person has been found guilty of aggravated assault. The judge has What is the purpose of diversionary programs? A. To involve the victim in sentencing B. To prevent future criminal behaviour C. To deter crime by increasing penalties D. To remove potential offenders from society B. No, as the deportation should have been determined at the time of sentencing. C. Yes, as deportation can occur after serving a sentence of one year or more. D. Yes, as the judge can use discretion to order deportation as part of the sentence. B. Jordyn’s homelessness C. Jordyn’s prior conviction D. Jordyn’s use of a weapon Which of the following is correct about victim impact statements? A. Affected family members must make a statement. B. The person writing the statement must present it in court. C. The statement becomes part of the evidence considered by the jury. D. The person writing the statement can be questioned about its contents. heard from the victim as well as referring to similar court cases prior to sentencing. Why has the judge referred to similar cases? A To follow judicial guidelines B To follow statutory guidelines C To ensure community expectations are met D To ensure the sentence reflects the victim impact statement Young Offenders International Crime A 12-year-old child is on trial for a crime. The prosecution must show that the necessary mens rea was present when the child committed the crime. Which of the following must the prosecution prove? A. The child knew they were misbehaving. B. The child knew the act was morally wrong. C. The child disobeyed the directions of an adult. D. The child did not care whether the act was criminal. Which of the following is true when police have detained and are interviewing a 16-year-old person? A. A parent must be present at the interview. B. A lawyer must be present at the interview. C. The child must agree to the support person present at the interview. D. The child can refuse to have any support person present at the interview. Which of the following is a transnational crime? A. Treason B. Sedition C. Genocide D. Drug trafficking