Helen plans to rob a bank - HSC - SSCE Legal Studies - Question 17 - 2002 - Paper 1
Question 17
Helen plans to rob a bank. She needs someone to drive a get-away car. Helen calls Tom and threatens that if he does not drive the car she will stop supplying him wit... show full transcript
Worked Solution & Example Answer:Helen plans to rob a bank - HSC - SSCE Legal Studies - Question 17 - 2002 - Paper 1
Step 1
Explain the difference between summary and indictable offences
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Answer
Summary offences are less serious crimes, usually punishable by smaller fines or shorter sentences, such as minor assaults or traffic violations.
In the scenario, Tom driving through red lights could be considered a summary offence. On the other hand, indictable offences are more serious and can result in harsher penalties. The robbery and murder of the security guard by Helen are examples of indictable offences.
Step 2
Define mens rea
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Mens rea refers to the mental state or intent behind committing a crime. In the scenario, Helen's deliberate choice to arm herself with a gun and commit robbery indicates a clear mens rea.
Step 3
Define actus reus
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Actus reus is the physical act of committing a crime. In this case, Helen's act of entering the bank with a stolen gun and shooting the guard exemplifies actus reus.
Step 4
Define causation
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Causation connects the actus reus and the consequence. Here, Helen's shooting directly results in the guard's death, establishing a clear causal link.
Step 5
Possible defences for Helen and Tom
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For Helen, a possible defence could be duress, arguing that she acted under the threat of losing her drug supply. For Tom, a defence could involve stating he did not intend to participate in the robbery and was merely a victim of circumstance.
Step 6
Discuss punishments for Helen and Tom
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The judge could consider various punishments, including imprisonment for Helen due to the severity of the murder. For Tom, given his lesser involvement, alternative sentences such as probation or community service could be evaluated. The aim would be to ensure justice while considering rehabilitation and the potential for reformation.
