legal studies criminal law

presumption of innocence

The presumption of innocence is a guarantee to all accused persons (regardless of who they are) that they are innocent until it is proven beyond reasonable doubt that they are guilty 

examples of presumption of innocence

• The burden of proof lying with the prosecution  

• The standard of proof being beyond reasonable doubt  

• A person who has been arrested or charged has the right to apply for Bail  

What is a crime?

A crime is an act that violates an existing law, is harmful to society or individuals, and is punishable by law.

What distinguishes crimes from omissions?

Crimes are actions that violate the law, whereas omissions refer to the failure to act when there is a legal duty to do so.

What are the purposes of criminal law?

The purposes of criminal law include protecting individuals, protecting property, protecting society, and protecting justice.

protect individuals

Criminal law establishes crimes and processes to deal with individuals who commit those crimes.

protect property

Criminal law protects land, the environment, and personal goods, both public and private.

protect society?

It sets standards and clarifies behaviors that are not tolerated by the community, thereby maintaining public order.

protecting justice?

It provides processes to deal with offenders and enforce the law.

How does the counter Terrorism law limit presumption of justice

the counter terrorism law limits the presumption of innocence as by not allowing bail to convict it does apply to the rule that they are presumed innocent as it sort profiles them as guilty  

What is counter terrorism law

the law includes a presumption against bail for people charged with terrorism offenses

Actus reus

Actus reus refers to the physical act or conduct that constitutes a criminal offense, including an action or a failure to act.

Mens rea

the mental state or intent of a person when committing a crime, which includes intention, recklessness, or negligence.

Strict liability

Strict liability offenses do not require the prosecution to prove mens rea; guilt is established solely by the actus reus.

Examples of strict liability

An example of strict liability is traffic offenses, such as speeding through a red light, where intent is not considered.

Age of criminal responsibility

The age of criminal responsibility is the age at which an individual can be held legally accountable for their actions which is 10

Doli incapax

Doli incapax is a legal presumption that children aged 10 to 13 are incapable of committing a crime due to lack of understanding.

Over 14 years in Victoria

Individuals over the age of 14 in Victoria can be considered criminally liable and capable of forming mens rea for a crime.

10-13 years in Victoria

• Doli incapax applies  

• Believes that children between age 10-13 are incapable of evil 

• Can be charged with a crime if the prosecution believes they understood right and wrong  

under the age of 10 in Victoria

you cannot be charged with a crime as you have no criminal intent  

burden of proof

• Refers to the obligation to present evidence to support one's claim or argument.  

• It falls on the prosecution to prove the guilt of the accused. 

•   They have the burden of proving the accused is guilty

standard of proof

refers to the strength of evidence required for the decision to reach a verdict in a case. Reasonable doubt is the standard of proof

What is the Types of crime

Classification of criminal acts based on their nature and impact on individuals and society.

Social purpose of the offence

Refers to the rationale behind criminal laws, focusing on the protection of individuals, property, societal wellbeing, and the criminal justice system.

Division A: Crimes against a person

Includes serious offenses such as homicide, assault, and sexual offences that protect individual rights.

Division B: Property and deception offences

Comprises crimes like arson, breaking and entering, and theft aimed at protecting property.

Division C: Drug offences

Encapsulates illegal activities involving drugs, including drug use, possession, and trafficking to protect society.

Division D: Public order security offences

Involves crimes related to maintaining public order, such as weapons and explosive offences.

Division E: Justice procedure offences

Includes offences like perjury and contempt of court, aimed at protecting the integrity of justice.

Division F: Other offences

Covers a variety of other criminal acts aimed at protecting rights and society, including regulatory driving offences.

Cybercrime

Criminal activities conducted via digital means, including online fraud and hacking.

Prejudice motivated crime

Crimes driven by bias against a specific group, often based on race, religion, or sexual orientation.

Organized crime

Systemic criminal enterprises engaging in illegal activities, often with a hierarchical structure.

Juvenile crime

Illegal activities committed by minors, usually subject to different legal considerations.

White collar crime

Non-violent, financially motivated offenses committed by individuals or businesses, typically in a professional setting.

Indictable offences

Serious crimes that require adjudication in the county or supreme court, involving a judge and jury.

Summary

minor crimes: minor crimes heard and determined in the magistrates court with a magistrate  

Summary offences

Minor criminal offences resolved by a single magistrate in the magistrates court. Sanctions are usually less severe.

What acts govern summary offences?

Summary offences are set out in the Summary Offences Act 1966.

Indictable offences

More serious criminal offences resolved by a judge and jury in higher courts, such as County and Supreme Courts.

Sanctions for indictable offences

Sanctions for indictable offences are generally more severe than those for summary offences.

What acts govern indictable offences?

Indictable offences are governed by the Crimes Act 1958.

Indictable offences heard summarily

Less serious indictable offences may be heard like summary offences, punishable by a term not exceeding 10 years imprisonment if the accused agrees.

What is required for an indictable offence to be heard summarily?

The accused must agree, and the court must determine it appropriate.

principal offenders

Immediately linked to the crime (committed the actus reus or the men’s rea) 

accessory

any person who knows or believes that a person is guilty of a serious indictable offence who acts to prevent the arrest prosecution, conviction or punishment of that person  

Murder Elements

Cause, sound of mind, malice or aforethought, unlawful killing

Element 1- unlawful killing

• The prosecution must prove that there was no lawful reason for the death  

• Lawful killings: Capital punishment, solider killing and enemy in battle and self defence 

Element 2 - causation

The prosecution must prove causation – meaning there is a direct and unbroken casual link between the accused actions and the death of the victim  

Element 3 - sound of mind

The prosecution must prove that the accused was, at the time of the offence, capable of understanding that their actions were wrong and therefore capable of understanding that their actions were wrong and therefore capable to form intent

Element 4 - malice or aforethought

The prosecution must prove that the accused acted with the intention to kill or cause serious injury to the victim  

Mental Impairment

accuses was suffering from a mental condition, causing them to lack an understanding of their actions to understand right or wrong

Murder Definition

Murder is the unlawful killing of another person with malice or aforethought.

Element 1: Unlawful Killing

The prosecution must prove there was no lawful reason for the death; lawful killings include capital punishment and self-defense.

Element 2: Causation

The prosecution must establish a direct and unbroken causal link between the accused's actions and the victim's death.

Element 3: Sound of Mind

The prosecution must prove that the accused was capable of understanding their actions were wrong and could form intent at the time of the offense.

Element 4: Malice Aforethought

The prosecution must show that the accused acted with the intention to kill or to cause serious injury to the victim.

Defenses to Murder

Defenses may include mental impairment, emergency situations, duress, involuntary intoxication, automatism, and self-defense.

Maximum Penalty for Murder

The maximum penalty for murder is life imprisonment, with a standard sentence of 25 years or 30 years if the victim was an emergency worker.

Factors in Sentencing

Judges consider the nature of the offense, victim's vulnerability, offender's conduct post-offense, personal circumstances, and whether the murder was premeditated.

Autoisam

accused committed the offence involuntarily due to a lack of control over their actions, such as during sleepwalking, a seizure or medical condition

emergency

accused acted reasonably and necessarily to deal with an unexpected emergency must involve risk of death or serious injury

Duress

the threat of harm must be a threat to inflict death or serious injury i.e family violence

mental impairment

accuses was suffering from a mental condition, causing them to lack an understanding of their actions to understand right or wrong

Intoxication

can serve as a defence if it occured involuatariliy bi.e drink spilled or due to factors beyond  the accuseds control, such as persciption medication errors. 

Self defence

the accused must beielive their actions were necessary to protect themselves or another from death or serious injury

impact on community

• Cost of publicly funded medical treatment 

• Need for corinal services  

• Increased need for police, fire and emergency services 

• Trauma to emergency services  workers responding to incident  

• Loss of workplace productivity  

Possible sanctions for murder

Sanctions for murder can include life imprisonment and specific non-parole periods set by the courts.

Standard sentence for murder

The standard sentence for murder is typically 25 years imprisonment, or 30 years if the victim was an emergency worker.

Non-parole period

After serving a non-parole period as determined by the court, an offender may be allowed to enter the community.

Factors judges consider in sentencing

Judges consider the nature and gravity of the offense, the vulnerability of the victim, the offender's conduct after the offense, and personal circumstances.

impact on offender

• Gulit or shame  

• Legal costs 

• Custodial sentence  

• Los of household income if offender is imprisoned  

• Disminshiment of family’s social standing and wellbeing 

• Negative influence as a result of exposure in prison  

 

impact on Victim and their relatives

• Loss of life 

• Disruption in family life 

• Trauma, greif and loss, and related medical issues ( both in the immediate and longer term) 

• Funeral costs  

• Loss of household income  

• Loss of trust in law