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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
Answer
Summary offences are less severe crimes that are tried in lower courts, typically resulting in lighter penalties. Examples include traffic violations. Indictable offences, like robbery or murder, are more serious and require a trial by jury, leading to harsher penalties. In this scenario, Helen's actions of armed robbery and murder fall under indictable offences due to their seriousness.
Step 2
Define the following three elements of a crime and, with reference to the above scenario, provide an example of each element: (i) mens rea
Answer
Mens rea refers to the mental state or intention behind committing a crime. In this case, Helen planned the bank robbery, demonstrating a deliberate intention to commit an illegal act.
Step 3
Define the following three elements of a crime and, with reference to the above scenario, provide an example of each element: (ii) actus reus
Answer
Actus reus is the physical act of committing a crime. Helen's act of entering the bank with a stolen gun and Tom's act of driving the getaway car exemplify this element.
Step 4
Define the following three elements of a crime and, with reference to the above scenario, provide an example of each element: (iii) causation
Answer
Causation establishes a link between the actions and the outcome. Helen's actions directly led to the security guard's death, as she fired the fatal shot, fulfilling this aspect of criminal liability.
Step 5
If you had to defend Helen and Tom in court, what possible defence(s) to the charge of murder would you use for Helen, and what possible defence(s) would you use for any charges faced by Tom?
Answer
For Helen, a possible defence could be self-defence if she argued that she was protecting herself from the security guard. For Tom, a defence could be duress, as he was threatened by Helen to participate in the robbery, which coerced him into driving the getaway car.
Step 6
Discuss the purpose and effectiveness of possible punishments the judge could consider before sentencing Helen and Tom.
Answer
The judge could consider various punishments, such as imprisonment, which serves to deter crime and protect society. Restorative justice may also be an option, focusing on the rehabilitation of offenders. The effectiveness of these punishments can vary; while imprisonment may prevent re-offending, it may also not address underlying issues leading to criminal behavior.