what is a crime?
An act or omission that is against the law
Harmful to an idividual(s)
Punishable by laws
What is an omission?
Failure to carry out an action
What are the purposes of criminal law?
Protect individuals
Protect property
Protect community
Promote justice
what does it mean to PROTECT INDIVIDUALS
establishing crimes and processes through the use of law
the aim of the law in this sense is to protect people from such crimes such as loss or theft
what does it mean to PROTECT COMMUNITY?
this is a central part of social cohesion
its to maintain community safety
what does it mean to PROTECT PROPERTY?
aims to protect private property such as land, environment and personal property (homes, etc.)
Maintaining public order and community safety
what does it mean to PROMOTE JUSTICE?
preventing vigilantes from punishing someone without the proper use of the legal system
provides the process to deal with legal offenders
doesnt let law fall into the wrong hands
What is the presumption of innocence?
the accused or alleged offender is presumed to be INNOCENT UNTIL PROVEN GUILTY.
what does the presumption of innocence mean?
it means that the accused cannot be punished unless PROVEN GUILTY BEYOND REASONABLE DOUBT.
what does it mean when something is beyond reasonable doubt?
this means that it is unquestionably right or wrong without any other logical explanation.
cannot be "possibly" cannot be hypothetical
needs to be as close to the truth as possible, preferably the truth.
How is innocence protected?
The prosecution of present physical evidence to the court to prove unquestionably that the accused is guilty, meaning that the innocent does not need to prove their evidence.
What is the standard of proof in a criminal case?
meaning that the prosecution is meant to provide SUFFICIENT evidence of the guilt of the accused.
this also means that the accused cannot apply for a bail unless they are completely sure and safe.
Rights of the accused
has the right to a legal representation in the court (lawyer)
accused has the right of silence
anyone who is found guilty has the right to appeal for a wrongful conviction
what is the right of silence?
this means that the accused has the right to remain silent, this doesnt however directly translate to them being guilty.
What cant be revealed until the sentencing begins?
As a general rule, the accused previous convictions cannot be revealed in court until the sentencing process begins. this is to keep the unbiased nature of the court hearing
what are the key concepts of criminal law?
actus reus
mens rea
strict liability
age of criminal responsibility
burden of proof
standard of proof
What does actus reus mean?
Guilty act
the physical act of carrying out a crime
prosecution must prove that the offender is guilty
what does mens rea mean?
Guilty mind
the planning out or awareness of the crime committed
the prosecutor must then prove that the accused knowingly did the crime
what does strict liability mean?
The responsibility of committing a crime can be done without having the intent and without having to prove mens rea - the planning of a crime
examples of strict liability
drinking and driving
not tapping on the myki (an omission)
failure to show the p plate on a probation license (omission)
the age of criminal responsibility meaning
meaning that at a certain age someone can or cannot be charged with a crime
the age that someone can be charged
ages 0-10
cannot be charged with a crime
ages 10-13
Doli incapax - incapable of evil
meaning that though they may have committed the crime, it is assumed that their brains havent yet reached the capacity of registering the depth of the crime and to know the difference between good or bad, this however needs to be known and proven in court
14 and up
They can be criminally liable for their actions and can be charged for their crime
this is because they have reached a presumed state of being able to comprehend their crime
burden of proof
held by the person or party that has brought the accused into court
this would be the king, but a representative is what brings them to court.
the party needs to prove the accused guilty beyond reasonable doubt
standard of proof
the strength or degree in which the case must be proven
what is the difference between the burden and standard of proof?
the burden of proof states that the party bringing the accused to court must be proven guilty however the standard of proof is the degree in which it must be proven. meaning that though they are both similar in their function, the burden of proof is to prove guilt, while the standard of proof how much it needs to be proven.
what are the types of crimes?
against person
property and deception offences
drug offences
public order and security
justice procedures and offences
other offences
what are crimes against person?
against individuals
Homicide, sexual assault, stalking, harassment.
what are crimes against property ?
arson, property damage, burglary, theft, breaking and entering
what are drug offences?
drug trafficking, dealing, manufacturing, using drugs, possessing drugs
what are public order and security offences?
weapons, explosives, public security offences (terrorism), disorderly offensive conduct
what are justice procedure offences?
perjury - giving false evidence under oath. contempt of court
examples of other offences?
regulatory driving offences, transport regulation offences
What are indictable offences?
These are serious criminal offences which would be heard by a judge if the accused pleads not-guilty.
examples include - homicide, culpable driving causing death and rape
what are summary offences?
Minor offences which are generally heard in the magistrates court and without a jury because they are less severe in nature.
examples include - drinking and driving, disorderly conduct and minor offences
what is culpability?
the degree to which people are responsible for their actions
What are the general defences to a crime?
Self defence
Mental impairment
Duress
Sudden or extraordinary emergency
Automatism
Intoxication
Accident
criteria for self defence
accused must
believe that their actions were necessary
have no other reasonable option in the time of the offence
criteria for mental impairment
accused must
not have known due to little knowledge or awareness of their actions
didnt know that their actions were that of wrong conduct or was not able to think about their conduct typically. (not under the influence of something, but that they were genuinely mentally impaired.)
criteria for duress
accused must
have believed that they were under a threat of harm
the threat would have been carried out unless the action was undertaken
doing it was the only way to avoid harm
have believed that it was a reasonable response to a threat
criteria of extraordinary emergency
accused can use this defence if
there was a real sudden or extraordinary emergency
actions were the only reasonable way out of dealing with the situation
actions was a reasonable response
criteria for automatism
accused may use this defence if
they were sleeping or sleep walking
suffering from a concussion
were the result of an epileptic seizure
result of a true medical condition due to a side effect of a perscribed and properly used medication
criteria for intoxication
can be used if
at the time of offence, their actions were involuntary, not planned out and without intent due to being intoxicated.
was not self induced intoxication
can also be the result of incorrectly but properly used perscribed medication
criteria for an accident
may be used if
the actions were truly unintentional, involuntarily or reasonably unenforceable
this also has the exception of strict liability for an accused to be found guilty
what is strict liability?
not needing the mens rea or the conscious planning of something to commit the crime or offence.
what does it mean to be unfit to stand trial?
that outside of the defences, the court may also deem someone unfit to stand trial but is still charged for their offence
why might someone be unfit to stand trial?
unable to undertake a number of tasks at the time of trial
unable to give a plea (guilty or not guilty)
unable to follow the course of a trial
unable to instruct their lawyer.
what is murder?
intentionally and unlawfully killing another person with malicious intent by someone who is over the age of discretion.
What is malice aforethought?
the intention to kill or seriously injure a person
having malicious intention
what is unlawful homicide?
killing without legal justification
meaning that they were not under legal discretion to kill another person.
examples of unlawful homicide
murder, manslaughter, infanticide, child homicide, culpable driving causing death
what are the elements of murder?
unlawful
victim was another human being
accused is over age of discretion
accused victim's dead
accused had a sound mind
malice aforethought
defences of murder
-all 6 elements must be proven
-no malice aforethought
-break in causation and actions didnt significantly harm or cause the victims death
-not of sound mind during the offence
impacts of murder on the family
disruption of the family
family status and reputation
loss of a life
impacts of murder on the community
disruption of safety
loss of workplace productivity
impacts of murder on the offender
guilt or shame
loss of household income
diminishment of family social standing and wellbeing
what is rape
the act of intentionally sexually penetrating another person who did not give consent.
elements of rape
prosecution must prove
there was sexual penetration
no consent
lack of reasonable belief that consent was given
defences of rape
they may argue that
there was no sexual penetration
consent was given
there was reasonable belief that consent was given
general defences
impact of rape
family
fear, trauma, injuries, mistrust
on community
cost, loss of community, distrust in the law
offender
medical treatments (if mentally impaired), legal costs, lost labour