Legal Unit 1 AOS2

Proving Guilt

Crime definition

An act/omission that is against an existing law

Is harmful to society and is punishable by law

Purposes of criminal law

• Protect individuals

• ensure personal safety

• protect community/property

• promote justice

• preserve concept of ownership

How does criminal law achieve its purposes?

• establishes laws

• enforces laws

• determines guilt

• imposes sanctions

Presumption of innocence

a person accused of a crime is considered as being innocent until the charge against them is able to be proven guilty beyond a reasonable doubt

How is presumption of innocence protected?

• burden of proof on prosecution

• standard of proof must be met

• accused party can stay silent during trial

• police officers are required to reasonably believe a person has commited a crie before arresting them.

• bail

• remand

burden of proof

refers to the party that has the responsibility to prove the facts of a case

• lies w party bringing the case to court (in criminal case = prosecution, in mag = police, in county/supreme = DPP)j

Standard of proof

The strength of evidence needed to prove a legal case

Standard = beyond reasonable doubt

Elements of a crime

• actus reus (guilty act) - physical elements

• mens rea (guilty mind) - person’s intention

Strict liability

some crimes require no mens rea to be proven guilty

Prosecution only has to prove actus reus

• speeding, alcohol consumption while driving, drunk in a public place

Age of criminal responsibility

• the minimum age a person must be to be charged for committing a crime (typically 14)

• person under 10 years cannot be charged w crime = doli incapax

• persons bt 10-13 CAN be charged if prosecution can prove that they knew what they were doing at the time

How are crimes classified

• nature of offence - division A/B

• type of offender/victim - cyber/prejudice/organised/juvenile/white collar crime

• seriousness of offence - summary/indictable

Principal offender

person who commits crime/ acts out actus reus

intentionally assists/encourages another person to commit a crime

Accessory

person who assists principal offender w/out lawful excuse

must know that offender has commited serious indictable offence

Murder

the unlawful killing of another person, with malice aforethought, by someone over the age of discretion who is sound of mind.

Defences to a murder charge

• self defence

• mental impairment

• duress

• sudden/extraordinary emergency

• involantary actions

Possible sanctions for murder

• imprisonment for life

• 30 yrs for murder of an emergency worker

• in any other case 25 years

Factors that increase/decrease standard sentence for murder

• nature/gravity

• victim vulneribility

• offender’s conduct after committing the offence

• whether murder was planned

• guilty plea

Elements of crime against emergency worker

1) an injury was suffered

2) the accused intentionally/recklessly caused the injury

Defences to crime against an emergency worker

• accused did not know and could not reasonably have known that the victim was police/emergency worker

• accused did not act recklessly

• accused acted in self defence, deemed actions necessary