Deck 30: Criminal law in a business context

Question 1

What is the main source of the criminal law in Australia?

A) The Criminal Code Act 1995 (Cth).
B) The common law.
C) A combination of state and territory legislation plus some common law.
D) A combination of common law and civil law.

Answer 1

C

Question 2

A crime is defined as an offence against the state.

Answer 2

True

Question 3

Which of the following is an example of white collar crime?

A) Debbie over-ordered stock and took the surplus for her own use.
B) James regularly used his employer's phone for private phone calls.
C) Francis falsified documents to obtain loans using false names.
D) All of the above.

Answer 3

D

Question 4

A misdemeanour refers to a less serious crime and is generally a summary offence.

Question 5

Which of the following statements about criminal procedure is NOT correct?

A) An indictable offence is heard by a judge and jury.
B) Criminal proceedings are commenced either by summons or by the arrest of a person.
C) A summary offence is heard by a magistrate and jury.
D) An indictable offence will first be heard by a magistrate in a committal hearing.

Question 6

Which of the following is NOT a punishment for a criminal conviction?

A) Loss of licence.
B) Compensation.
C) Community service.
D) Imprisonment.

Question 7

In a criminal trial, the burden of proof will be:

A) On the police to prove the guilt of the accused.
B) On the accused to prove their innocence.
C) On the accused but may shift to the Crown in offences of strict liability.
D) On the Crown but may shift to the accused in offences of strict liability.

Question 8

In the context of criminal law, what is the meaning of the term: mens rea?

A) The guilty mind.
B) The wrongful act.
C) The guilty act.
D) The wrongful mind.

Question 9

A person charged with a crime is presumed innocent until proved to be guilty.

Question 10

Criminal liability requires proof of either a guilty mind (mens rea) or a guilty act (actus reus).

Question 11

What is the difference between an indictable offence and a summary offence?

Question 12

The standard of proof in a criminal trial is:

A) Higher in cases of gross negligence.
B) That the case must be proved on the balance of probabilities.
C) That the case must be proved beyond reasonable doubt.
D) That the accused is presumed innocent until proven guilty.

Question 13

Which of the following statements is correct?

A) Mens rea is a necessary requirement to establish crimes of strict liability.
B) Mens rea is no longer a requirement of Australian criminal law.
C) Mens rea is a necessary requirement in all Australian criminal cases.
D) Mens rea is not a requirement in crimes of strict liability.

Question 14

A warrant is an official court document that is issued by a justice of the peace or judge directing a police officer to arrest a person.

Question 15

Which of the following is NOT a distinction between civil and criminal law?

A) There is no need to establish a mens rea in a civil case.
B) A crime is punished, civil action results in a remedy.
C) A crime is prosecuted by the state, civil action is taken by an individual.
D) In both cases, once judgement is obtained it will be enforced by the state.

Question 16

Which of the following is NOT a common remedy in a civil case?

A) Damages.
B) An injunction.
C) Specific performance.
D) A fine.

Question 17

Which of the following is NOT an advantage for an accused having a criminal matter dealt with summarily?

A) The matter will be dealt with more quickly.
B) The penalty imposed may be lower.
C) An acquittal by the magistrate cannot be appealed by the Crown.
D) It is cheaper to have the matter dealt with in a lower court.

Question 18

In the context of criminal law, what is the meaning of the term: actus reus?

A) The guilty mind.
B) The guilty act.
C) The wrongful mind.
D) The wrongful act.

Question 19

Which of the following is the correct definition of an indictable offence?

A) A statutory offence designed to protect the community.
B) A less serious offence such as common assault.
C) The most serious offences such as robbery or murder.
D) A threat to the peace and good order of the community.

Question 20

An indictable offence is a less serious offence that cannot be dealt with summarily.

Question 21

When will a company NOT be criminally liable under the Criminal Code Act 1995 (Cth)?

A) When an offence is committed by an employee or agent of the company.
B) When a corporate culture existed that encouraged or tolerated the offence.
C) When the board or senior management tacitly or impliedly authorised the offence.
D) When failed to create or maintain a corporate culture that required compliance with the law.

Question 22

What is the penalty for breach of the restrictive trade practices provisions of the Competition and Consumer Act 2010 (Cth)?

A) A fine of $10 million.
B) A fine of 10 per cent of the turnover of the preceding 12 months.
C) A fine of three times the illegal benefit obtained.
D) Any of the above.

Question 23

In the context of the Australian Consumer Law, which of the following unfair practices will NOT attract a criminal penalty?

A) Bait advertising.
B) Misleading conduct regarding goods or services.
C) False representations as to goods and services.
D) Misleading and deceptive conduct.

Question 24

Which of the following is prohibited under the Cybercrime Act 2001 (Cth)?

A) Unauthorised modification of data.
B) Unauthorised access, modification or impairment with intent to commit a serious offence.
C) Unauthorised impairment of electronic communication.
D) All of the above.

Question 25

What is the difference between embezzlement and theft/robbery?

Question 26

Under the Bankruptcy Act 1966 (Cth) a bankrupt commits an offence if they fail to:

A) Disclose all their property to the Trustee.
B) Comply with all of the directions of the Trustee.
C) Inform the Trustee if they are aware that a person has lodged a false proof of debt.
D) All of the above.

Question 27

Which of the following statements about civil penalties is NOT correct?

A) Civil penalties include disqualification from managing a company and/or a penalty of up to $200,000.
B) Terms of imprisonment are limited to a maximum of 5 years.
C) The penalty is a civil debt payable to ASIC.
D) Proof of breach of a civil penalty provision is on the balance of probabilities.

Question 28

Which of the following is NOT an example of white collar crime?

A) Insider trading.
B) Gross negligence.
C) Environmental vandalism.
D) Misappropriation of funds.

Question 29

When will company directors and managers be found criminally liable for breach of duties imposed by the Corporations Act 2001 (Cth)?

A) If they fail to act in good faith and in the best interests of the company.
B) If the breach is recklessly or intentionally dishonest.
C) There is no criminal liability for breach of duties under the Act.
D) If it is a civil penalty provision.

Question 30

Which of the following is NOT prohibited by the restrictive trade practices provisions of the Competition and Consumer Act 2010 (Cth)?

A) Resale price maintenance and price fixing.
B) Agreements to restrict competition.
C) Sending commercial electronic messages without the recipient's consent.
D) Boycotts and abuse of monopoly power.

Question 31

Insider trading is not a criminal offence because no one is harmed by its consequences.

Question 32

Many people within the community perceive white collar crimes as 'less serious' than other forms of crime. Is this a reasonable perception? Explain your answer.

Question 33

Which of the following is the correct definition of embezzlement?

A) Taking a commission from a third party, by a person, without disclosing it to their principal.
B) Falsification of records to hide the misappropriation, by a person, of property entrusted to them.
C) The use, by a person, of price-sensitive information which is not publicly available.
D) Giving another person something of value in return for some advantage or preferential treatment.

Question 34

In respect of a criminal prosecution, who has the burden of proof and what is the standard of proof?

Question 35

Which of the following is the correct definition of a secret commission?

A) Giving another person something of value in return for some advantage or preferential treatment.
B) Falsification of records to hide the misappropriation, by a person, of property entrusted to them.
C) The use, by a person, of price-sensitive information which is not publicly available.
D) Taking a commission from a third party, by a person, without disclosing it to their principal.

Question 36

There are many examples of unrecognised criminal liability. Identify some of these examples and consider whether steps should be taken to better acquaint citizens with these areas of personal responsibility.

Question 37

Any person who removes more than $10,000 in cash from Australia commits an offence under the Financial Transactions Reports Act 1988 (Cth).

Question 38

Which of the following is NOT an element of insider trading?

A) The use of price sensitive information which is not publicly available.
B) The use of price sensitive information.
C) The theft of confidential information.
D) The use of information gained as a result of a connection with a company.

Question 39

Industrial sabotage involves obtaining access to confidential information such as secret formulas, client lists or financial information.

Question 40

'Chain of responsibility' legislation means that any person in a position of control in a transport operation can be held personally liable for breaches of road laws.

Question 41

A company will be criminally liable for the acts of an employee if they commit an offence while acting within the actual or apparent scope of their employment.

Question 42

Which of the following activities are prohibited under the Spam Act 2003 (Cth)?

A) Sending commercial voice messages without the recipient's consent.
B) Sending commercial messages without the recipient's consent.
C) Sending electronic commercial messages without the recipient's consent.
D) All of the above.

Question 43

Failure to prevent insolvent trading (s 588G) can result in both civil and criminal penalties.