CHAPTER 2 ASSESSMENT TASK 2.

1 Case study
SUGGESTED SOLUTION
Read the case study Man found guilty of murdering pregnant teen girlfriend and
answer the questions.

2008 AAP

Darren Ellis was sentenced to 21 years jail with a non-parole period of 17 years.

Access and Justice 11e ISBN 978 0 19 552113 9 Oxford University Press
Australia
1 What is a crime? 1 mark
A crime is an act or omission against the state, which is against the view
of society that is punishable by law.

2 Explain three elements that can be proved when showing that an

accused has malice aforethought. 3 marks

For someone to be convicted of murder they must have malice

aforethought. Malice aforethought is when someone intends to
commit the crime. Three elements that make-up malice afore thought
is that either the person had intent to kill the victim or they intended
to seriously injure them. The accused may also be found guilty of
murder if they acted with reckless indifference, which is to say the
accused knew an action was highly likely to cause serious injury or
death but they still did it.

3 What was the standard of proof in this case? 1 mark

Since the case a criminal case the standard of proof is beyond reasonable
doubt.

4 Who had the burden of proving Darren John Ellis was guilty? 1 mark
The prosecution (the state) was given the burden of proof because again it is a
criminal case.

Access and Justice 11e ISBN 978 0 19 552113 9 Oxford University Press
Australia
5 Explain two defences that could be put forward in a murder case. 2
marks

There are several defences for a murder case people use to defend
themselves. One of these is self-defence, which is a total defence
meaning the accused is completely acquitted. Self-defence is when
some acts in a way that would otherwise be illegal when they had a
belief that is was necessary to defend himself or herself or someone
else. Another defence is mental impairment in which the Crimes Act
1958 explained that this defence exists in the case where the person
was suffering a mental illness at the time that they committed the
crime. This defence is only applicable is the accused did not know
what they were doing at the time or was not aware that the conduct
was wrong. If the accused is successful him or her will not be charged
with murder but will be sent to a psychiatric hospital until they are of
sound mind.

6 Explain why the accused was charged with murder and was not able
to claim manslaughter in this case. 2 marks

The accused (Darren John Ellis) was convicted on murder and not
manslaughter. This is because Ellis had malice aforethought,
meaning he planned and calculated the murder and was fully aware
of what he was doing. For him to be found guilty he must have to
prove that he did not mean for the event to happen and that he did
not plan it.

Access and Justice 11e ISBN 978 0 19 552113 9 Oxford University Press
Australia
Chapter 2 assessment task 2.1

Criteria Very High Mediu Low Very Comments

high m low

1 What is a crime? 1 1 0.5 0 0 0

1 mark
2 Explain three 3 2.5 2 1.5 1 0
elements that can
be proved when
showing that an
accused has
malice
aforethought.
3 marks
3 What was the 1 1 0.5 0 0 0
standard of proof
in this case?
1 mark
4 Who had the 1 1 0.5 0 0 0
burden of proving

Access and Justice 11e ISBN 978 0 19 552113 9 Oxford University Press
Australia
 Darren John Ellis
was guilty?
1 mark
5 Explain two 2 1.5 1 0.5 0 0
defences that
could be put
forward in a
murder case.
2 marks
6 Explain why the 2 1.5 1 0.5 0 0
accused was
charged with
murder and was
not able to claim
manslaughter in
this case.
2 marks
Total marks 10

Access and Justice 11e ISBN 978 0 19 552113 9 Oxford University Press
Australia