Monash University · cheat sheet for the final exam. Monash Semester 2 final assessment period, 2–18 November 2026 (check your personal exam timetable). Full LAW4332 study guide →
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LAW4332
Criminal Law and Procedure 2
Monash University · Law · Level 4 · Semester 2 2026
Full guide + ask Sia about LAW4332
SIDE 1/2 ISSUE → RULE/AUTHORITY → APPLICATION → CONCLUSIONOPEN-BOOK EXAM SHEETExam roadmap · doctrine · element tables
Sia tip Write headings that name the legal decision (“lawful warrantless arrest?”, “appropriation on sale?”), not empty labels such as “Issue”.
03 · Build liability FND
Supplied offence map redrawn: physical and fault elements remain separate; voluntariness and contemporaneity cut across them.
Question
Exam test
Physical element
Conduct, circumstance or result? Quote the enacted wording where supplied.
Fault element
Intention, knowledge, recklessness or negligence attached to which physical element?
Voluntariness
Was conduct controlled by the will? Total absence of control matters in automatism.
Causation
Connect accused’s conduct to the prohibited result; test the competing causal account.
04 · Timing, fault and proof FND
When act and fault appear at different times, test continuing act or single transaction rather than assuming coincidence.
Concept
Keep distinct
Intention
State of mind attached to prohibited conduct/result.
Motive
Why the person acted; neither substitutes for nor necessarily negates intention.
Recklessness
Foresight of the legally relevant risk.
Wilful blindness
Deliberate avoidance may support an inference of knowledge.
Negligence
Sufficiently serious departure from expected care.
Burden language
Evidential burden = point to enough evidence for the issue to be considered. Legal burden = prove the issue to its governing standard. Do not say “the accused must prove” until the particular doctrine supplies that legal burden.
05 · Procedure audit PROC
Supplied procedure swimlane redrawn: one official act, one power, one safeguard and a reasoned consequence.
Warrant or warrantless power? Grounds? Notice? Proportionate force?
Entry/search
Identify a distinct power and its own preconditions; arrest is not an unrestricted search licence.
Custody
Lawful basis, caution, no longer than reasonable time, communication and any interpreter/child safeguard.
Interview
Was questioning properly cautioned, accessible and recorded? Treat recording and admissibility separately.
Consequence
Name the applicable exclusion/discretion and connect breach to fairness, reliability or impropriety; no automatic inadmissibility.
06 · Bail: preserve the stages PROC
Supplied bail tree redrawn: the applicable threshold comes first; unacceptable risk follows only if it is met.
Stage
Application
1 · select threshold
Classify offence and current status; do not choose from the narrative’s seriousness alone.
2 · first-stage facts
Apply all surrounding circumstances to the accused’s burden under the selected route.
3 · risk
Separate each prosecution allegation: non-attendance, witness contact or other specified risk.
4 · conditions
Link each proposed condition to a specific risk; it must be reasonable and no more onerous than required.
07 · Responsibility routes DEF
Supplied responsibility taxonomy redrawn: fix the time and legal job before choosing a doctrine.
Route
Factual hinge
Do not collapse
Fitness
Present ability to understand, follow proceedings and instruct counsel
Not responsibility at offence time
Mental impairment
Qualifying condition and specified effect when conduct occurred
Diagnosis ≠ legal test
Automatism
Total, not reduced, absence of control; classify internal/external cause
Internal route differs from extraordinary external stimulus
Intoxication
Evidence bearing on voluntariness, fault or another defence
Not a free-standing defence
Duress/emergency
Actual belief, necessity and statutory reasonable-response limb
Subjective belief ≠ objective reasonableness
08 · Strict or absolute? LIAB
Supplied two-presumption tree redrawn: classify the disputed element before discussing mistake.
Step
Exam work
1 · fault presumption
Start with subjective fault; silence begins interpretation, not classification.
2 · construction
Use language, purpose, subject matter, seriousness, penalty and consequences for the particular element.
3 · second presumption
If fault is displaced, decide whether honest and reasonable mistake survives (strict) or is excluded (absolute).
Classification can differ by element. Avoid calling an entire offence “strict” without showing how the disputed conduct, circumstance or result is treated.
09 · Honest + reasonable mistake LIAB
Supplied cascade redrawn: identify the belief, honesty, reasonableness and innocent counterfactual.
Question
Answer
What exactly was believed?
A circumstance, not “I was careful”; separate fact from ignorance/mistake of law.
Was it honest and reasonable?
Use distinct evidence for genuine belief and for reasonableness in the known/available circumstances.
Would believed facts be innocent?
If no, the counterfactual fails; if the element is absolute, the route is unavailable anyway.
10 · Attempts ATT
Question
Exam answer
Target + intent
Define the intended complete offence and required intent/belief concerning its elements.
Last proved act
Argue both “mere preparation” and “execution”; identify what remained to completion.
Connection
Show why conduct is immediately rather than remotely connected to commission.
After threshold
Only then address factual impossibility, interruption or voluntary desistance; none automatically rewinds liability.
Sia tip Anchor the conclusion to one threshold act, not to the plan’s seriousness.
11 · Theft + deception PROP
Supplied matrix redrawn: identify the alleged gain and mechanism before selecting the offence.
Theft element
Application prompt
Property
Identify the legally recognised subject matter.
Belonging to another
Name the other person’s continuing proprietary interest despite custody.
Appropriation
Which owner’s right was assumed, and at what event?
Permanent deprivation
Was it treated as outright taking/disposal or equivalent?
Dishonesty
Analyse separately, including any genuine claimed belief.
Consent at receipt does not settle a later assumption of an owner’s right.
Prove theft before connecting force or fear to stealing; aggravation adds, never replaces, elements.
If theft fails, robbery fails despite force; if the weapon feature is doubtful, preserve any supported robbery alternative.
12A · Attempt threshold visual ATT FIGURE
Attempt threshold: immediate, not remote.
Trap Prove intent and more-than-merely-preparatory conduct before impossibility, interruption or later desistance; none is a shortcut around the statutory threshold once crossed.
13 · Burglary at the boundary ROB
Supplied timeline redrawn: freeze permission and intention at each crossing, including entry to a distinct part.
Route
Build
Burglary
Entry into building/part as trespasser + intention at that entry to steal or commit the listed further offence.
Aggravated burglary
Prove burglary first, then each additional statutory circumstance; if aggravation fails, preserve the base route.
Multiple areas
Public area, restricted room and secured enclosure may carry different permission, trespass and intention findings.
14 · Possession + trafficking DRUG
Supplied split redrawn: analyse each accused and each proof route separately.
Issue
Exam control
Possession
Custody or practical control plus intention; proximity/ownership is circumstantial, not conclusive.
Mental inference
Use knowledge, belief, awareness of likelihood and any supported wilful-blindness inference.
Deeming
Prove exact statutory premises conditions and burden consequence; do not merge with common law.
Multiple accused
Separate access, control, knowledge, statements and conduct for each person/item.
Trafficking
Name route: preparation, manufacture, sale, exchange, genuine agreement/offer, possession for sale or common-law commercial movement.
Supplied ladder redrawn: substance → form → unit → Schedule column → route → number.
Quantity is not a conclusion. It activates a consequence or inference only through the applicable category. Keep pure-drug/mixture thresholds and authorisation questions distinct.
Order Verify substance, statutory form, unit, Schedule column and offence route before comparing quantity; the right number in the wrong category invokes the wrong legal consequence.
LAW4332
Criminal Law and Procedure 2 · Worked Drills
Four problem patterns · timing · traps · fast recall
Full guide + ask Sia about LAW4332
SIDE 2/2 PLAN → ELEMENTS → TWO-SIDED APPLICATION → CALIBRATED CONCLUSIONOPEN-BOOK EXAM SHEETDrills 1–4 · traps · recall tables
15 · 150-minute control COURSE EXAM
Only verified clock2.5 hours = 150 minutes. If marks are shown: minutes per mark = 150 ÷ total marks; part budget = part marks × minutes per mark. Adjust only for any directions shown in the live exam.
No section count is published in the available materials: budget flexibly and obey the live instructions.
Reusable timed cycle: issue selection and element mapping prevent long narrative summaries from consuming the answer.
Before prose
Margin note
Part instruction
Who/what/which offence or procedure step?
Candidate routes
Primary + alternative; dependencies and defences.
Authority retrieval
Provision/case beside its proposition; no orphan citation.
Burden
Who raises? Who proves/disproves? Which standard?
Clock
Write finish time beside each part and move when reached.
26 · One-look routing grid CHAPTER MAPS
Trigger fact
Retrieve
First trap
Fault appears after conduct begins
Contemporaneity; continuing act; single transaction
Projecting later fault backward
Police act after arrest
Separate power + safeguard + consequence
Borrowing authority from arrest
Accused cannot participate now
Fitness route/capacities
Calling it offence-time impairment
Silent regulatory provision
Two presumptions; element-specific construction
Silence = strict
Lawful receipt, later disposal
Owner’s rights; timing of appropriation/fault
Receipt decides theft
Restricted room inside public premises
Building part; permission; intent at crossing
One status for whole building
The smallest complete problem paragraph: proposition, competing application and a conclusion tied to burden.
17 · Drill 1 · Noor in custody COURSE WEX + PROC
Facts. Police arrest Noor without a warrant after a witness reports a street theft. Officers give no caution, refuse a requested call to a lawyer without recording an urgent reason, and conduct an unrecorded interview. Analyse legality and likely evidentiary issues.
Chronology forces four separate decisions; one defect does not answer the consequence of another.
IRAC move
Compact answer
1 · arrest
Identify the asserted warrantless-arrest provision and test its statutory preconditions; the witness report may support grounds but does not by itself state the legal power.
2 · custody
Even a lawful arrest leaves separate custody duties: notice/caution, reasonable-time detention and communication safeguards.
3 · lawyer
Apply the communication safeguard to Noor’s request. Ask whether a documented statutory exception justified delay; absence of a recorded urgent reason strengthens the challenge but the actual provision controls.
4 · interview
Analyse caution and recording separately. An unrecorded interview raises a serious admissibility issue, but no breach yields automatic exclusion.
5 · consequence
Name the relevant exclusion/discretion and link each proven breach to fairness, reliability or impropriety before concluding conditionally.
Numbers carried through
The source practice allocation is 8 marks: arrest power 2; custody obligations 2; communication safeguard 2; recording/admissibility 2. It is a revision structure, not an official marking scheme.
Sia tip Name the power before its safeguard; name the legal bridge before saying “inadmissible”.
18 · Procedure traps PROC FAQ
Trap
Repair
Arrest authorises premises search
Locate a distinct entry/search power and preconditions.
Every irregularity excludes evidence
Identify the applicable consequence and supporting facts.
Bail stages merged
Classify threshold; accused’s burden; then prosecution unacceptable-risk case.
Condition untethered to risk
State the risk addressed and why condition is reasonable/no more onerous.
Keep search, charge and bail analytically separate even when one chronology contains them all.
19 · Drill 2 · Camera loan → sale PROP WEX
Facts. A collector lends Mara a camera solely for a weekend exhibition. Mara later sells it, telling the buyer it is hers. Analyse without treating lawful initial custody as decisive.
The criminally significant dealing may occur after lawful receipt; attach each element to its proper moment.
Element
Application to the numbers/facts
Property + belonging
The camera is the identified property. The collector’s continuing proprietary interest can make it belong to another despite Mara’s custody.
Appropriation
Do not criminalise the loan automatically. The later sale assumes an owner’s right and is the critical candidate.
Permanent deprivation
Disposal by sale supports an intention to treat the camera as Mara’s to dispose of, unlike temporary exhibition use.
Dishonesty
Analyse separately. The statement of ownership supports dishonesty; address any genuine claimed belief if the facts supply one.
Deception alternative
Identify the false ownership representation; then prove the buyer’s response, the property/financial advantage actually obtained and required fault. Do not infer completed obtaining without facts.
Numbers carried through
The source practice allocation is 7 marks: property/belonging 2; appropriation 2; permanent deprivation 2; dishonesty 1. Conclude on theft and each deception route separately.
20 · Property traps PROP + ROB
Shortcut
Why it fails
Consent defeats appropriation
Ask which owner right was assumed; consent and dishonesty remain separate.
Force near property = robbery
Prove theft, then connect force/fear to stealing.
Later intent proves earlier burglary
Fix intention at each trespassory entry, including entry to a distinct part.
Weapon label proves aggravation
Apply the precise weapon-related definition and prove the base offence first.
Dependency check: an aggravated route adds elements; it does not repair a missing base offence.
21 · Drill 3 · Shared-car drugs DRUG WEX
Facts. Police find a prohibited substance in a zipped bag under the passenger seat of a shared car. Dana drives; Luis owns the car; both deny knowing the bag is there. Analyse possession person by person.
One element table per accused prevents driving, ownership or proximity from becoming an unstated presumption.
Move
Dana
Luis
Route
Identify substance and governing possession route before drawing location inferences.
Custody/control
Driving and seat access are relevant, not conclusive.
Ownership may show authority over car, not automatic control of zipped bag.
Knowledge/intent
Denial creates a live inference question; seek surrounding acts/statements.
Repeat independently; do not transfer Dana’s access or state of mind.
Deeming
Apply only if exact statutory premises conditions are satisfied; state burden consequence without merging common law.
Conclusion
Ask whether prosecution proved the route beyond reasonable doubt for each person; conclusions may differ.
Numbers carried through
The source practice allocation is 8 marks: route/substance 2; Dana 2; Luis 2; deemed possession + reasonable doubt 2. It is a practice structure only.
22 · Drug traps DRUG FAQ
Trap
Repair
Near bag = possession
Prove custody/control and mental requirements or exact deeming route.
Large amount = trafficking
Name trafficking conduct or statutory mechanism; quantity supports but does not replace it.
One analysis for co-occupants
Separate every person, location, item and inference.
Number first
Classify drug, form, unit, Schedule column and legal effect before comparison.
Threshold discipline: the legal category precedes arithmetic.
23 · Drill 4 · Painting attempt ATT WEX
Facts. Kai plans to steal a specific painting, obtains tools, travels to the gallery after closing, disables an exterior alarm and begins cutting a rear window before security intervenes.
The last proved act—not the plan’s seriousness—anchors the more-than-merely-preparatory analysis.
IRAC move
Compact answer
Target
Define the intended complete theft and the intention required for the alleged attempt.
Sequence
Tools and travel are remote preparation. Alarm interference and cutting the window implement the plan more directly.
Both sides
Prosecution: security was being overcome and execution had begun. Defence: entry and appropriation remained; conduct had not yet reached the target property. Compare immediacy with the offence elements.
Interruption
Security explains non-completion; it does not defeat attempt once intention and the conduct threshold are proved.
Close
Strong prosecution threshold argument, provided specific intention is established; identify precisely what remained to be done.
Underlying condition or extraordinary external shock; total loss of control alleged
Total absence of voluntary control? Then internal cause/mental impairment or external cause/sane automatism; keep burdens and verdict consequences separate.
Voluntary drinking plus confusion
What issue can intoxication evidence affect—voluntariness, required fault or another defence? It is not itself a defence.
Convincing false identification; provision silent on fault
Classify the relevant element first from text, purpose, penalty and context; mistake matters only if strict.
Threat or sudden danger
Separate actual belief/necessity from the statutory reasonable-response standard.
Classify by time, cause and legal job.
25 · Fast-recall distinctions ALL FAQ
A
≠
B
Intention: state of mind attached to element
≠
Motive: reason for acting
Evidential burden: issue may be considered
≠
Legal burden: prove to governing standard
Fitness: present trial capacity
≠
Mental impairment: responsibility at conduct time
Total absence of control
≠
Reduced or impaired control
Strict: mistake route may remain
≠
Absolute: mistake route unavailable
Mistake of fact
≠
Ignorance/mistake of law
Appropriation: owner’s right assumed
≠
Dishonesty: separate fault evaluation
Possession: control + mental state/deeming
≠
Proximity or ownership alone
Preparation
≠
Immediate execution conduct
16 · Application ledger ALL CHAPTERS
Ledger row
What to write for one disputed element
Prosecution
Material fact → inference → link to the stated rule.
Defence
Counterfact → competing inference, missing proof or reasonable doubt.
Comparison
Explain why one inference is stronger; do not “fact dump”.
Conclusion
Apply burden and standard; identify the unresolved hinge.
ILAC sentence frameThe issue is whether __ satisfies __. The rule requires __ and places __ burden on __. Here, __ supports __ because __; however, __ supports __. On balance, __ is likely/unlikely, subject to __.
Use a case only at the boundary it resolves: state its proposition, compare material facts and explain whether the problem falls inside or outside the principle.
27 · Final-pass checklist COURSE STRATEGY
Check
Repair before submission
Offence/procedure named?
Replace generic “crime”, “right” or “illegal” with the precise route.
Every live element?
Add missing physical/fault element or safeguard; delete undisputed padding.
Authority doing work?
Move provision/case beside proposition and comparison; remove list at end.
Both inferences?
Add strongest response and explain comparative weight.
Burden/standard?
State who raises/proves/disproves and preserve reasonable doubt.
Alternatives separated?
One conclusion per offence, aggravated route, defence or accused.
Consequence reasoned?
Do not jump from breach to exclusion, or fact label to liability.
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