LAWS 214: Test
CRIMINAL LAW
Marking Guide
Marking comments are located after the test questions.
PART A
Multiple choice questions. Please identify the most correct option for EACH of the following questions.
1. The codification of our criminal law was only partial. This meant:
a. That only some of our criminal laws were included in the final code that we now know as the Crimes
Act 1961. There are many offences included in other Acts.
b. That the category of crimes is not closed. New criminal offences can still be created, and our Criminal
Code only includes those offences enacted thus far.
c. That our Criminal Code only includes the General Part, which refers to the principles of liability which
are not limited to specific offences only.
d. That our Criminal Code only includes the Special Part, which refers to the specific requirements for
each offence to be met, which do not include the principles of liability (such as what is required for
various men rea elements).
2. In the case of Woolmington v DPP [1935] UKHL 1 the trial judge stated: “The killing of a human being is
homicide, however he may be killed and all homicide is presumed to be malicious and murder unless the
contrary appears from circumstances of alleviation, excuse or justification.” This statement was:
a. Correct, as it places the burden of proof for the mens rea and actus reus on the prosecution.
b. Incorrect, as it places the burden of proof for the mens rea on the defendant.
c. Correct as this judgment identifies the “golden thread” that runs through the common law.
d. Incorrect as it places the burden of proof for all defences on the Defendant.
3. Section 45(2) of the Arms Act 1983 states that [where] “the defendant was carrying or in possession of any
firearm, airgun, pistol, prohibited magazine, restricted weapon, or explosive, as the case may require, the
burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.”
This statement means:
LAWS 214 Page 1 of 9
, a. In keeping with the presumption of innocence the burden is an evidential one only. The defence
must point to some evidence of a ‘lawful, proper, and sufficient purpose’ before such a defence may
be put to the jury.
b. In keeping with the presumption of innocence the burden is an evidential one only. The defence
must prove the ‘lawful, proper, and sufficient purpose’ exists, on the balance of probabilities.
c. Despite the presumption of innocence Parliament here shows that the burden is a legal one. The
defence bears the burden of proving D’s lawful, proper, and sufficient purpose beyond reasonable
doubt.
d. Despite the presumption of innocence Parliament here shows that the burden is a legal one. The
defence bears the burden of proving D’s lawful, proper, and sufficient purpose on the balance of
probabilities.
4. In determining whether to criminalise a certain behaviour, lawmakers can consider whether or not the
behaviour creates direct and indirect (or secondary) harms. An example of a secondary harm is:
a. Physical injury.
b. An offence to sensibility.
c. Emotional harm derived from physical harm.
d. Modelling - particularly for young people.
5. Legal moralism is:
a. When a behaviour breaches a moral standard and therefore requires criminalisation.
b. When a behaviour breaches both a moral standard and creates harm and requires criminalisation.
c. When a behaviour breaches a moral standard and that breach alone is considered so harmful
(without any direct harm being created) that it requires criminalisation.
d. When a behaviour creates a direct harm of such a magnitude that a moral standard is breached and
therefore requires criminalisation.
6. As discussed by Moana Jackson, John Patterson, and as (partly) illustrated in the narrative called ‘The Great
Muru’, Māori criminal liability incorporates:
a. A system of collective punishment that is used against individuals who breach relevant legal
standards
b. Collective responsibility that may require groups or collectives to bear the liability and punishment
for the actions or omissions of individuals who breach relevant legal standards.
c. Causation and intention in a similar way to the general criminal legal system operating in this
country.
d. Māori concepts of harm or hara, but these are excluded from applying to certain collectives.
7. In the general legal system the fault requirement is supposed to be protective because:
a. It expands criminal liability and punishment to all those at fault, ensuring that individual victims get
some form of justice for the harm they may have suffered.
b. It restricts criminal liability and punishment only to those who have a defence of absence of fault.
c. It restricts criminal liability and punishment only to those who have the relevant cognition and
volition to carry out an identifiable offence, and who have some moral blameworthiness for their
behaviour.
d. It expands criminal liability and punishment to cover those who had no mens rea for the relevant
offences. This protects society as a whole.
LAWS 214 Page 2 of 9
CRIMINAL LAW
Marking Guide
Marking comments are located after the test questions.
PART A
Multiple choice questions. Please identify the most correct option for EACH of the following questions.
1. The codification of our criminal law was only partial. This meant:
a. That only some of our criminal laws were included in the final code that we now know as the Crimes
Act 1961. There are many offences included in other Acts.
b. That the category of crimes is not closed. New criminal offences can still be created, and our Criminal
Code only includes those offences enacted thus far.
c. That our Criminal Code only includes the General Part, which refers to the principles of liability which
are not limited to specific offences only.
d. That our Criminal Code only includes the Special Part, which refers to the specific requirements for
each offence to be met, which do not include the principles of liability (such as what is required for
various men rea elements).
2. In the case of Woolmington v DPP [1935] UKHL 1 the trial judge stated: “The killing of a human being is
homicide, however he may be killed and all homicide is presumed to be malicious and murder unless the
contrary appears from circumstances of alleviation, excuse or justification.” This statement was:
a. Correct, as it places the burden of proof for the mens rea and actus reus on the prosecution.
b. Incorrect, as it places the burden of proof for the mens rea on the defendant.
c. Correct as this judgment identifies the “golden thread” that runs through the common law.
d. Incorrect as it places the burden of proof for all defences on the Defendant.
3. Section 45(2) of the Arms Act 1983 states that [where] “the defendant was carrying or in possession of any
firearm, airgun, pistol, prohibited magazine, restricted weapon, or explosive, as the case may require, the
burden of proving the existence of some lawful, proper, and sufficient purpose shall lie on the defendant.”
This statement means:
LAWS 214 Page 1 of 9
, a. In keeping with the presumption of innocence the burden is an evidential one only. The defence
must point to some evidence of a ‘lawful, proper, and sufficient purpose’ before such a defence may
be put to the jury.
b. In keeping with the presumption of innocence the burden is an evidential one only. The defence
must prove the ‘lawful, proper, and sufficient purpose’ exists, on the balance of probabilities.
c. Despite the presumption of innocence Parliament here shows that the burden is a legal one. The
defence bears the burden of proving D’s lawful, proper, and sufficient purpose beyond reasonable
doubt.
d. Despite the presumption of innocence Parliament here shows that the burden is a legal one. The
defence bears the burden of proving D’s lawful, proper, and sufficient purpose on the balance of
probabilities.
4. In determining whether to criminalise a certain behaviour, lawmakers can consider whether or not the
behaviour creates direct and indirect (or secondary) harms. An example of a secondary harm is:
a. Physical injury.
b. An offence to sensibility.
c. Emotional harm derived from physical harm.
d. Modelling - particularly for young people.
5. Legal moralism is:
a. When a behaviour breaches a moral standard and therefore requires criminalisation.
b. When a behaviour breaches both a moral standard and creates harm and requires criminalisation.
c. When a behaviour breaches a moral standard and that breach alone is considered so harmful
(without any direct harm being created) that it requires criminalisation.
d. When a behaviour creates a direct harm of such a magnitude that a moral standard is breached and
therefore requires criminalisation.
6. As discussed by Moana Jackson, John Patterson, and as (partly) illustrated in the narrative called ‘The Great
Muru’, Māori criminal liability incorporates:
a. A system of collective punishment that is used against individuals who breach relevant legal
standards
b. Collective responsibility that may require groups or collectives to bear the liability and punishment
for the actions or omissions of individuals who breach relevant legal standards.
c. Causation and intention in a similar way to the general criminal legal system operating in this
country.
d. Māori concepts of harm or hara, but these are excluded from applying to certain collectives.
7. In the general legal system the fault requirement is supposed to be protective because:
a. It expands criminal liability and punishment to all those at fault, ensuring that individual victims get
some form of justice for the harm they may have suffered.
b. It restricts criminal liability and punishment only to those who have a defence of absence of fault.
c. It restricts criminal liability and punishment only to those who have the relevant cognition and
volition to carry out an identifiable offence, and who have some moral blameworthiness for their
behaviour.
d. It expands criminal liability and punishment to cover those who had no mens rea for the relevant
offences. This protects society as a whole.
LAWS 214 Page 2 of 9
