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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 minor legal violations that are typically tried in lower courts and carry lighter penalties. For example, if Tom had committed a minor traffic offence while escaping, it would classify as a summary offence.
Indictable offences are more serious crimes, which require a formal charge and trial by jury. In this scenario, Helen's act of armed robbery and killing the bank guard constitute indictable offences, as they involve significant harm and carry severe penalties.
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 intent of the person committing the crime. In this scenario, Helen's intent to commit robbery and her decision to arm herself demonstrate a clear mens rea, as she planned and acknowledged her unlawful actions.
Step 3
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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? Justify the use of these defences.
Answer
For Helen, a potential defence could be that she acted in self-defense, believing her life was in danger from the security guard. This can be argued as a justification for her actions under duress.
For Tom, a possible defence could be lack of intent or coercion, as he was threatened by Helen to participate in the robbery without any prior intentions to commit a crime. These defences could mitigate their culpability based on the circumstances.
Step 6
Discuss the purpose and effectiveness of possible punishments the judge could consider before sentencing Helen and Tom.
Answer
The purpose of punishments such as imprisonment is to serve as both a deterrent and a means of rehabilitation. In this case, unless the crime is perceived as particularly heinous, the judge may consider various factors including intent, previous conduct, and potential for rehabilitation.
For Helen, considering her mental state and circumstances, the judge may opt for a lesser sentence if the self-defense argument is credible. Tom, being an accomplice under duress, might receive a lighter sentence or community service, emphasizing restorative justice rather than retribution.