UNIT 1: Criminal and Civil Law

Legal rules vs Non-legal rules

Legal rules: made by law-makers, enforced by courts/police, with legal consequences.

Non-legal rules: made by groups (e.g. schools), enforced by leaders, no legal punishment.

Purpose and function of law (PRERP)

Protect society, Reflect values, Enforceable, Resolve disputes, Provide guidelines.

Characteristics of an effective law

Known, Clear, Stable, Enforceable, Acceptable – helps people follow and respect laws.

Summary vs Indictable Offence

Summary: minor crimes, heard in Magistrates’ Court (e.g. speeding).

Indictable: serious crimes, heard in higher courts (e.g. murder).

Summary heard summarily = minor indictable offences heard like summary ones.

Victorian Court Hierarchy

-Magistrates’ Court

-County Court

-Supreme Court (Trial Division)

-Supreme Court (Court of Appeal)

-High Court of Australia

Unlawful vs Lawful Homicide

Unlawful = murder/manslaughter (illegal killing)

Lawful = legal (war, self-defence).

7 Elements of Murder

Unlawful killing

Victim human

Accused over 10

Sound mind

Intent to kill/injure

Causation

Malice

7 Defences to Murder

Self-defence

Duress

Mental impairment

Automatism

Sudden emergency

Intoxication

Factual dispute.