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Crime HSC Questions copy

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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
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