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2 Found helpful 8 Pages Essays / Projects Year: Pre-2021

1. What does the prosecution need to prove in the courtroom for a person to be convicted of a criminal offence? For an individual to be convicted of a criminal offence, the prosecution must prove that they are guilty of the offence/s they are being charged with beyond a reasonable doubt. 2. What are the differences between summary and indictable offences? Indictable offences are offences that may be prosecuted in way of indictment, which is a document that sets out the specific details of the charge. They are generally more serious offences and are handled by district and supreme courts. Alternatively, summary offences are less serious, they do not require indictment documents and are handled in a magistrates court. 3. What is a legal ‘defence’? Describe two common defences in criminal law. A legal defence is one that attempts to absolve a person of criminal responsibility and is used not only to argue that an offence has not been committed but generally to lesser a charge (e.g murder to manslaughter). A common defence that is used is provocation. This defence is used when a person commits an offence in a heat of passion caused by sudden provocation and did not have a ‘cooling off’ period, examples of this may include a man killing his wife that is threatening to leave or men being sexually advanced on by another man.


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