UTS Criminal Law Problem Solving Part 2

1. True or false: A conclusion should summarise your ultimate findings of which offences the defendant will be guilty of and which defences they will be able to successfully raise. The conclusion should be consistent with the analysis in your answer.

True

False

Your overall conclusion should:

-Summarise your ultimate findings.

-Your conclusions and reasoning should be consistent with your analysis.

-Cite authorities for all legal propositions.

-You may also want to outline the applicable punishments.

Explanation

Your overall conclusion should:

-Summarise your ultimate findings.

-Your conclusions and reasoning should be consistent with your analysis.

-Cite authorities for all legal propositions.

-You may also want to outline the applicable punishments.

2. Which of the following should not be included in an introduction to your answer of a criminal law problem solving question?

An in-depth analysis of the key issues which the question raises

Citation of legal authorities for all legal propositions

Outline the charges which the defendant will be charged with

Outline the defences which the defendant will raise in relation to the charges

Outline the applicable burdens and standards of proof for offences and defences

In an introduction to a criminal law problem question, you should:
- Outline the relevant charges
- Outline the applicable criminal law defences to these charges (e.g. self defence under s 418 of the Crimes Act 1900 (NSW))
- Provide the burdens and standards of proof in relation to each charge and defence…. unless you do this in the body of your answer.
- Cite a legal authority for the charges, and the burdens and standards of proof (e.g. s 18(1)(a) of the Crimes Act 1900 (NSW))
- Keep introductions concise. Do not analyse the facts or apply the facts to the law at this stage.

Explanation

In an introduction to a criminal law problem question, you should:
- Outline the relevant charges
- Outline the applicable criminal law defences to these charges (e.g. self defence under s 418 of the Crimes Act 1900 (NSW))
- Provide the burdens and standards of proof in relation to each charge and defence…. unless you do this in the body of your answer.
- Cite a legal authority for the charges, and the burdens and standards of proof (e.g. s 18(1)(a) of the Crimes Act 1900 (NSW))
- Keep introductions concise. Do not analyse the facts or apply the facts to the law at this stage.

3. Generally, the prosecution must prove elements of criminal offences to the legal standard of:

The prosecution must prove all offences beyond reasonable doubt (Woolmington v DPP [1935] AC 462).

Explanation

The prosecution must prove all offences beyond reasonable doubt (Woolmington v DPP [1935] AC 462).

Submit

4. Which of the following things should you do when answering a criminal law problem question (tick one or more options)?

Clearly apply the law to the facts

Clearly outline the law

Integrate your analysis of fact and law

Address each element separately, using headings

Draw clear factual analogies

Copy other students works to previous past answers

Make sure that you write your answer clearly, coherently and in a logical order. Do not plagiarise. There are serious consequences for doing so as a student and as a (future) lawyer.

Explanation

Make sure that you write your answer clearly, coherently and in a logical order. Do not plagiarise. There are serious consequences for doing so as a student and as a (future) lawyer.

Submit

5. True or false:All criminal law defences must be raised to the legal standard of the balance of probabilities (Woolmington).

True

False

Generally, the defence bears the evidential burden to raise defences (to suggest a reasonable possibility), and then the burden SHIFTS to the prosecution to disprove defences to the standard of beyond reasonable doubt.

Explanation

Generally, the defence bears the evidential burden to raise defences (to suggest a reasonable possibility), and then the burden SHIFTS to the prosecution to disprove defences to the standard of beyond reasonable doubt.

6. When addressing an element of an offence (for example, voluntariness), what should you include?

Outline the applicable law

Apply the law to the facts

Draw factual analogies to relevant cases

Outline the relevant charges and defences

Draw a mini conclusion as to whether the element is satisfied or not

You might want to adopt a typical RAIC structure when structuring your paragraphs:

- Rule / Relevant law (Outline the applicable law in relation to the criminal law element).
- Application of Law to Facts
- Resolve any Issues that arise from your application of the law to the facts. This may involve drawing factual analogies to relevant cases. Only do this step for more complex or controversial elements.
- Conclusion (Draw a strong mini conclusion as to whether the element is satisfied or not).

Do not use the headings ‘Issue’, ‘Relevant Law’ etc., These headings should be implicit in your answer; not explicitly written down.

Explanation

You might want to adopt a typical RAIC structure when structuring your paragraphs:

- Rule / Relevant law (Outline the applicable law in relation to the criminal law element).
- Application of Law to Facts
- Resolve any Issues that arise from your application of the law to the facts. This may involve drawing factual analogies to relevant cases. Only do this step for more complex or controversial elements.
- Conclusion (Draw a strong mini conclusion as to whether the element is satisfied or not).

Do not use the headings ‘Issue’, ‘Relevant Law’ etc., These headings should be implicit in your answer; not explicitly written down.

Submit

Uts Criminal Law Problem Solving Part 2