Uts Criminal Law Problem-solving Quiz Part 1

1. When of the following is not considered a 'primary source' when citing an authority for a legal proposition?

Student seminar materials

Crimes Act 1900 (NSW)

A Supreme Court of NSW judgment

Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW)

You should generally refer to primary sources as authorities for legal propositions, including cases and legislation.

Explanation

You should generally refer to primary sources as authorities for legal propositions, including cases and legislation.

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

An in-depth analysis of the key issues that 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. True or false: You should never refer to secondary sources like your textbook when citing authorities for criminal law problem questions.

True

False

There are limited occasions where it is necessary to cite reputable secondary sources like a legal journal article or a criminal law textbook. These include where there is a new area of law (such as a recently amended defence), so there is limited or no case law available in relation to the legal proposition. You may also refer to a secondary source where the law is unsettled/unclear, in which case academic commentary may help resolve a legal issue.

Explanation

There are limited occasions where it is necessary to cite reputable secondary sources like a legal journal article or a criminal law textbook. These include where there is a new area of law (such as a recently amended defence), so there is limited or no case law available in relation to the legal proposition. You may also refer to a secondary source where the law is unsettled/unclear, in which case academic commentary may help resolve a legal issue.

4. You should not use IRAC to structure answers to criminal law problem-solving questions.

True

False

While many areas of law use IRAC to structure answers to problem-solving questions, in criminal law, your answer is structured by the components of criminal responsibility.

Explanation

While many areas of law use IRAC to structure answers to problem-solving questions, in criminal law, your answer is structured by the components of criminal responsibility.

5. For a criminal law problem question, Kerry must assess whether the defendant is guilty of the crime of murder (s 18(1)(a) of the Crimes Act 1900 (NSW)), and whether the defendant can successfully argue the partial defence of extreme provocation (s 23 of the Crimes Act 1900 (NSW)). What is the best order for Kerry to structure her answer to this criminal law problem-solving question? (Order from 1st to last).

Overall conclusion

Introduction to the problem question

Actus reus and mens rea elements of murder

Mini conclusion in relation to the charge of murder

Elements of the partial defence of provocation

The element of temporal coincidence for murder

Mini conclusion in relation to the partial defence

SAMPLE STRUCTURE :

Offender 1
Introduction (Address: Charges, defences, burdens and standards of proof (or do this in the body))
Charge 1
Elements of Charge 1
Actus reus/conduct (remember voluntariness!)
Mens rea/fault
Temporal coincidence (Actus reus/mens rea at the same time) – don’t forget this!
Mini conclusion
Repeat as necessary
Defence 1
Burdens and standards of proof (if not outlined in the introduction) for Defence 1
Elements of Defence 1
Address each element in turn
Mini conclusion
Repeat as necessary
Overall Conclusion (Address: based on your reasoning, will the defendant be convicted? Of which offence(s)? Will any defences be successful? Which ones?)

Explanation

SAMPLE STRUCTURE :

Offender 1
Introduction (Address: Charges, defences, burdens and standards of proof (or do this in the body))
Charge 1
Elements of Charge 1
Actus reus/conduct (remember voluntariness!)
Mens rea/fault
Temporal coincidence (Actus reus/mens rea at the same time) – don’t forget this!
Mini conclusion
Repeat as necessary
Defence 1
Burdens and standards of proof (if not outlined in the introduction) for Defence 1
Elements of Defence 1
Address each element in turn
Mini conclusion
Repeat as necessary
Overall Conclusion (Address: based on your reasoning, will the defendant be convicted? Of which offence(s)? Will any defences be successful? Which ones?)

Submit

6. Which of the following propositions are true when organising 'the facts' in relation to criminal law problem-solving questions?

Unlike in criminal law practice, the facts in a legal problem question are frozen.

In your answer, you should not dispute unequivocal facts.

There may be ambiguous facts in a problem question. Ambiguities in the facts should be identified and resolved.

You may need to re-order the facts by drafting a chronology.

There may be irrelevant facts in a problem question. Facts are irrelevant when they do not affect the defendant's legal position and they do not give rise to any criminal law issue.

When presented with a set of facts, you should:

- Take the facts as established.

- Underline all relevant facts.

Consider:

- Are there any irrelevant facts?

- Are there any gaps in the facts: what more do you need to know?

- Are there any ambiguous facts? What do these ambiguous facts imply?

- You may need to re-order the facts, by drafting a chronology.

Explanation

When presented with a set of facts, you should:

- Take the facts as established.

- Underline all relevant facts.

Consider:

- Are there any irrelevant facts?

- Are there any gaps in the facts: what more do you need to know?

- Are there any ambiguous facts? What do these ambiguous facts imply?

- You may need to re-order the facts, by drafting a chronology.

Submit

7. Select all the main components of criminal responsibility.

Bail

Temporal coincidence

No defences

Mens rea

Capacity

Claim of right

Actus reus

The components of criminal responsibility are:

- Capacity

- Actus Reus (Act or Omission/ Voluntariness/ Causation – for some offences)

- Mens rea (Fault/ mental element)

- Temporal coincidence (AR and MR at the same time)

- No Defences

Explanation

The components of criminal responsibility are:

- Capacity

- Actus Reus (Act or Omission/ Voluntariness/ Causation – for some offences)

- Mens rea (Fault/ mental element)

- Temporal coincidence (AR and MR at the same time)

- No Defences

Submit