UNIT 1 AOS 2: Presumption of Innocence

laws

Legal rules made by a legal authority (i.e. the parliament or courts) that are enforceable by the police and other law enforcement agencies.

social cohesion

A term used to describe the willingness of members of a society to cooperate with each other in order to survive and prosper.

criminal law

An area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them (as opposed to civil law).

crime

An act or omission that is (1) against an existing law, (2) harmful to an individual or to society as a whole, and (3) punishable by law.

sanction

A penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence.

parliament

A formal assembly of representatives of the people that is elected by the people and gathers together to make laws.

victimless crime

An offence that only involves the offender(s) and where no direct harm is suffered by a victim. The offence also goes against what society considers to be acceptable and can indirectly harm individuals and the wider community.

presumption of innocence

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

beyond reasonable doubt

The standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence.

standard of proof

The degree or extent to which a case must be proved in court.

prosecution

The lawyers who prepare a criminal caseand take it to court on behalf of the state, the victim and society.

accused

A person charged with a criminal offence.

burden of proof

The obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case).

plaintiff

(In civil disputes) a party who makes a legal claim against another party (i.e. the defendant) in court.

bail

The release of an accused person from custody on condition that they will attend a court hearing to answer the charges.

actus reus

A Latin term meaning 'a guilty act'; the physical element of a crime (i.e. the act itself).

mens rea

A Latin term meaning 'a guilty mind'; the mental element of a crime (i.e. an awareness of the fact that the conduct is criminal).

strict liability

Where culpability or responsibility for committing a crime can be established without having to prove there was mens rea (i.e. a guilty mind).

doli incapax

A Latin term meaning 'incapable of evil'; the principle that a child aged between 10 and 13 years is presumed to be incapable of forming mens rea (a guilty mind) because they do not have the intellectual or moral capacity to know the difference between right and wrong.

crime statistics

Information (i.e. data) collected by authorities (e.g. the police) and analysed to track the level of crime or offending in the community. Crime statistics also track the types and levels of sentences given to convicted offenders.

cyber crime

A criminal offence in which the use of computers or information communication technologies (ICT) is an essential and central part of the offending.

hate crime

A criminal offence motivated by hostility and prejudice towards the victim (e.g. because of their race or religion).

organised crime

Criminal offences undertaken in a planned and ongoing manner by organised syndicates or gangs.

royal commission

The highest form of inquiry into matters of public concern and importance. Royal commissions are established by the government and are given wide powers to investigate and report on an important matter of public concern.

police informant

A person who secretly gives information to police about criminal offending, including information about the people involved in criminal activity, which may be used during the investigation and prosecution of a crime.

juvenile crime

A criminal offence undertaken by a young person aged between 10-18 years.

white collar crime

Criminal offences undertaken by people who work in government, businesses or in the corporate world.

indictable offence

A serious offence generally heard before a judge and a jury in the County Court or the Supreme Court of Victoria.

summary offence

A minor offence generally heard in the Magistrates' Court of Victoria.

indictable offence heard and determined summarily

A serious offence that can be heard and determined as a summary offence if the court and the accused agree.

principal offender

A person who has carried out the actus reus (guilty act) and has therefore directly committed the offence.

accessory

A person who knowingly assists another person who has committed a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished.

murder

The intentional unlawful killing of another person with malice aforethought, by a person who is of the age of discretion (i.e. 10 years old or older) and of sound mind. It is the most serious homicide offence.

malice aforethought

The intention to kill or cause serious injury to a person. This malicious intention is the mental element (i.e. an intention to inflict harm) necessary for murder.

unlawful homicide

The killing of another person without legal justification. Murder, manslaughter, infanticide (i.e. killing a baby), child homicide and culpable driving causing death are unlawful homicide offences.

manslaughter

The unlawful killing of a person due to a reckless, dangerous act or negligent behaviour.

causation

The direct relationship between one event (i.e. Event 1) and another event (i.e. Event 2), where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself, without Event 1.

mental impairment

A condition of the mind that impacts on a person's ability to know the nature and quality of their conduct, or that the conduct was wrong.

duress

Strong mental pressure on someone to overcome their independent will and force them to do something.

reasonable belief

An honestly held opinion about the way things are, which would seem to another ordinary person with similar characteristics (e.g. age or maturity) and in similar circumstances, to be sensible or correct.

automatism

A state in which a person has a total loss of control over their bodily movements (i.e. is not conscious or aware of what they are doing), so that they cannot form an intention to commit a crime.

victim impact statement

A statement filed with the court by a victim that is considered by the court when sentencing. It contains particulars of any injury, loss or damage suffered by the victim as a result of the offence.

arson

Intentionally and without lawful excuse destroying or damaging property by fire. This also includes intentionally and

unlawfully destroying or damaging property by fire with the intention of endangering another person's life.

arson causing death

The intentional and unlawful use of fire to cause death.

intentionally or recklessly causing a bushfire

Intentionally or recklessly causing a fire that spreads to vegetation on property belonging to another person.

common law

Law made by judges through decisions made in cases. Also known as case law or judge-made law (as opposed to statute law).

statute law

Law made by parliament; also known as Acts of Parliament or

legislation (as opposed to common law).

supreme law-making body

The body (i.e. the parliament) that has the final law-making power, meaning it can make or change any law within its power and pass legislation to abrogate (cancel) common law.

abrogate (abrogation)

To cancel or abolish a court-made law by passing an Act of

Parliament.