VCE Legal Studies AOS 2: The Presumption of Innocence

Purpose of Criminal Law

The four purposes are to protect individuals, protect property, protect society, and promote justice.

Actus Reus

A Latin term meaning 'a wrongfully/guilty act' that constitutes the physical component of a crime.

Mens Rea

A Latin phrase meaning 'guilty mind' that refers to the mental state of the person committing the crime.

Strict Liability Crimes

Crimes that do not require mens rea, only actus reus, meaning the offender can be guilty even without intention.

Burden of Proof

The responsibility of the prosecution to prove the facts of the case in a criminal trial.

Standard of Proof

The level of certainty required to establish proof in a legal proceeding, in criminal cases it is 'beyond reasonable doubt.'

Presumption of Innocence

The right of a person accused of a crime to be presumed not guilty unless proven otherwise.

Summary Offences

Minor offences usually heard in the magistrate’s court, typically without a jury.

Indictable Offences

Serious crimes usually heard in higher courts like the County Court, often with a jury.

Juvenile Crime

Criminal offences committed by individuals aged between 10-18 years involving various offences.

White Collar Crime

Crimes committed by individuals in business or government, typically involving financial gain.

Assault

The intentional or reckless use of force or threat of force against another person without lawful excuse.

Possible Defenses to Assault

Self-defense, Consent, Intoxication.

Crimes Against the Person

Crimes that directly harm individuals, such as assault or murder.

Crimes Against Property

Crimes that harm or interfere with the property rights of others, such as theft or vandalism.

Accessory

A person who assists the primary offender in committing a crime.

Principal Offender

The individual who carries out the actus reus of the crime.

Cyber Crime

Criminal offences committed using computers or electronic devices.

Organized Crime

Criminal offences undertaken by criminal syndicates or gangs in a planned manner.

Hate Crime

Criminal offences motivated by prejudice and bias towards a person or group based on personal characteristics.

Age of Criminal Responsibility

The minimum age at which a person can be charged with a crime, which is 12 in Victoria.