2014 EBE HSC Trial Paper

When people are not following rules.

When someone does anything a fails to do something which is harmful to an individual or a group of people.

When the behaviour goes against the moral and ethical standards of the majority of people in society.

When people do not comply with the law.

Tom stabs John. John dies on the way to the hospital. On the way to the hospital he also has a heart attack.

Which of the following will need to be considered by the prosecution when establishing the elements of a crime?

Fairness

The guilty mind of the offender.

Causation.

Which of the following would be considered offences against the person?

Death by reckless driving, murder, conspiracy.

Sexual assault, manslaughter, death by reckless driving.

Sedition, speeding, infanticide.

Attempted robbery, tax evasion, murder.

Which of the following applies to both summary and indictable offences?

A jury will always be involved

Offenders will be considered innocent until proven guilty.

Both involve the same penalties

The offences will be heard in the local court

The New South Wales Police force will not be allowing the drinking of alcohol in alcohol-free zones in certain locations across the city during this year's New Years Eve.

Which of the following methods of being used by the police to prevent crime?

Social crime prevention

Situational crime prevention

Increasing the risk of crime detection

Reducing the rewards of crime

A magistrate sometimes allows offenders who have pleaded guilty to a crime to attend the Drug Court.

What type of penalty is this magistrate using?

Commmunity service

Counselling

Bond

Diversionary program

Maria is 13 years old and has been arrested by police in which of the following situations is Maria breaking the law.?

When she runs away from the police to get home.

When she asks why she has been arrested

When she asks the police officer what their name is

When she refuses the questions being asked by the police.

What will a person be usually charged with if they kill a person but they did not possess the mens rea?

Murder

Involuntary manslaughter

Voluntary manslaughter

Homicide

In which of the following situations would the Children's Court be correctly using a control order as a penalty for a 14 year old child has been found guilty of an offence.

14 year old child is sent to a Juvenile Justice Centre for 10 years.

The 14 year old child attends a Youth Justice conference.

The 14 year old child is sent to a Juvenile Justice Centre for two years.

Quoting a 1991 murder judgement by Justice David Hunt Justice Hammill said a prisoner should be given a chance to work through to a better future rather than being "flung onto a human scrap heap of society by an uncaring criminal justice system as a warning and an example to others". Which of the following purposes of punishment best matches the views of the judge in the above quote?

Detterence

Retribution

Rehabilitation

Incapacitation

Which of the following statements is true of legal aid in New South Wales?

It enables everyone to have legal representation

It is available to all types of cases

It is a legal right in the Constitution of the Commonwealth of Australia

It is free for young people who have been charged with criminal offence.

An offender is not allowed to be released after having served their sentence because of expert evidence that has been gained about the offenders likelihood of re-offending. What type of detention is this?

Juvenile

Periodic

Preventative

Continued

Which of the following would be considered transnational crime?

People smuggling, Internet fraud, Tax evasion

Genocide, torture, human trafficking

Apartheid, sexual slavery, war crimes

International terrorism. War crimes, genocide

In a criminal case what are the Burden of Proof and Standard of Proof?

The burden of proof is on the public defender and the standard of proof is on the balance of probabilities.

The burden of proof is on the victim and the standard of proof is beyond reason.

The burden of proof is on the state and the standard of proof is beyond reasonable doubt.

The burden is on the plaintiff and the standard of proof is beyond reasonable doubt.

Who could challenge a juror who has been selected to serve on a jury, causing the juror to leave the jury and no longer be a member of it?

The prosecution side and the defence side

No one, the juror has a legal right to be on the jury once they have been selected.

The Prime Minister

The prosecution side

According to the separation of powers in the Constitution of the Commonwealth of Australia, who has the power to enforce the law?

The executive

The legislature

The Governor General

The judiciary

Both domestic law and international law protect human rights. What is the main advantage of domestic law in protecting human rights?

Enforcability

Fairness

Equality

Justice

Which of the following are features of human rights?

They are inherent, inalienable and enforcable

They are indivisible, universal and inherent

They are interdependent, enforcable and universal

They are inherited, inalienable and universal

What can enable a state to refuse to accept a human rights treaty?

Different values and ethical standards

Not having enough money

State sovereignty

Not being a member state of the intergovernmental organisation making the money

The role of the International Court of Justice is best described as:

An inter-governmental organisation which tries people accused of war crimes

An ad-hoc criminal tribunal that hears cases involving crimes against humanity

A permanent and independent non-legal mechanism

A court within the United Nations which settles disputes between sovereign states.

2014 EBE HSC Trial Paper

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