Legal Studies Unit 1: Proving Guilty

Criminal Law

is 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.

Crime

A crime is an act (i.e. undertaking an action) or omission (i.e. failing to undertake an action) that is against an existing law, harmful to an individual and to society, and punishable by law (by the state).

Sanction

is a penalty(eg a fine or prison sentence) imposed by a court on a person guilty of criminal offence.

Defining a crime

Act or an Ommission

An “act”

Committed by doing something

An “ommission

Committed by not doing something

Examples of an “act”

Criminal offences, murder, Theft

Examples of an “ommission”

Watching someone drown, being a bystander to a murder

For something to be a crime, it must be

Against an existing law, harmful to an individual or society and punishable by law

4 purposes of Criminal Law

Protect individuals, protect property, protect society, promote justice

protect individuals

aims to protect indivduals by establishing crimes and processes to deal with those who commit crimes

protect property

Criminal law exists to protect both public & provate property + land and enviroment

protect society

Criminal law sets standars of expected and accepted behaviour accordingly to the community & the legal system

promote justice

processes to deal with offenders & to enforce the law, preventing the need to take itinto their own hands

presumption of innocence

Is the right of the accussed of a crime to be pressumed not guilty unless they are proven otherwise

Doli Incapax

“incapable of evil”

mens rea

“A guilty mind”, mental element of a crime, guilty mind

Actus reus

“A wrongful/guilty act” physical element of the crime, the guilty act

For something to be a crime, it must be…

Against an existing law, harmful to an individual or society and punishable by law

Against an existing law

A law stating that an act or ommission is illegal, it cannot be an abrogated law.

harmful to an individual or society

Crimes may harm victims or society as a whole

punishable by law

The Victoria police are the main body that can enforce the law

protect individuals examples

Murder, Rape, Arson

protect property examples

Offence to tresspass, or steal another persons property

protect society examples

Laws prohibiting drug offences & terrorism offences

promote justice examples

laws

Actus Rea examples

stalking or theft

Mens Rea examples

Prosecution must must prove that the person intentionally or knowingly committed the crime-e

They are pressumed innocent until they are……..

proven guilty beyond reasonable doubt

They must be treated as if they were…….

innocent

Beyond reasonable doubt

is the standard to which an adjudicator or jury must be sure that the accussed is not guilty, must have enough evidence to find them guilty without reasonable doubt

Does the accused have to prove their innocence?

nope

Where does the burden of proof fall on?

on the prosecution or state

is it the responsibility of the state to prove that the accussed is guilty?

yes

right to silence

the accused may choose to stay silent and make the prosecution do all the work.

What might the accused do to prove their guilt?

The accused might choose to provide evidence to the meaning of their guilt, such as an alibi

Some words to describe mens rea are:

intentionally, knowingly, maliciously, recklessly, negligently and willingfully

Several circumstances that a mens rea is not possible is:

If you accidently injure someone during an epileptic seizure

if your below a certain age when the act happened

strict liability crimes

Crimes that dont have a mental element, thye only require the actus reus to be found guilty.

Do all crimes require actus reus and mens rea

nope

Summary offences

Are MINOR crimes heard and determined in the magistrates court by a magistrate, most crimes in Victoria are summary offences

“Case being heard summarily”

It is heard without a jury, they are determined by a magistrate that decides the sanction

examples of summary offences

road traffic offences, minor ssaults, property damage

Indictable offences

are SERIOUS crimes generally heard and determined by a higher court ( county, supreme) before a jury or a judge.

If the accussed pleads not guilty….. (inictible offences)

the matter goes to trial and it will be heard by a judge and a jury which the jury determines the verdict

if found guilty the judge determines a……

sanction

examples of indictable offences

Murder, rape, assault, manslaughter, threaten to kill and theft

Indictable offences heard summarily

allows only some indictable offences to be heard summarily (in the magistrates without a jury) these are less serious indictable offences and the verdict lies with the magistrate

Does the court have to agree that a indictable offence is heard summarily

does the accused have to agree that it be heard summarily?

yes they must agree

yes

examples of indictable offences that are heard summarily

Retail theft, property damage and burgulary under $100,000

Assault

the intentional or reckless use of force or the threat of force against another person without lawful excuse

3 elements of assault

The accussed applied force or threatened to apply force

application or threat of force was intentional or reckless

no lawful justification or excuse

Murder

Is the unlawful & intentional killing of a human being by a person who acted voluntarily & without any lawful justification

3 features of Murder

Killing was unlawful

Accused acts were voluntary

Accused acted with intent to kill or cause serious harm

Killing was unlawful

Prosecution must prove the accused did not have legal justification (or did) for causing another persons death

accused’s acts were voluntary

The prosecution must prove the accused committed the acts when they were awake, aware & in control of their bodily actions

accused acted with intent to kill or cause serious harm

The prosecution must prove the accused acted with a guilty mind

The prosecution also must prove that they had the intention to kill or seriously injure them & knew that it would cause probable death or seriously hurt them.

Murder example

Hannah McGuire was found on Friday morning in a car set alight near State Forest Road in Scarsdale, about 25 kilometres south-west of Ballarat. Hannah McGuire, 23, who was found dead in Scarsdale on April 5. The accused is a 21yr old male who had bail charges linked to robbery. The accussed is Hannah McGuires ex partner.

Defences to Murder

Self Defence-the accused must believe their actions were necessary to protect themselves.

Mental impairment

intoxication

Impacts of Murder

The victim

the community

the offender

The accused applied force, or threatened to apply force

• can be physical force

• can be threat of force

• does not need to be violent

The application or threat of force was intentional or reckless

The accused intended to cause discomfort or damage, or acted knowing their actions would cause harm or damage

No lawful justification or excuse

The accused did not have legal right to assault the person, or did so beyond their authorisation

defences to assault

Self Defence

Intoxication

Accident

Self Defence

Believed their actions were necessary to protect or defend themselves , percieved their actions to be reasonable

intoxication

acted involuntary or without intent as result of alcohol and drugs, must prove that it was not self inflicted

accident

involuntary or unintentional or unforseable by an ordinary person

Impacts for assault

offender

victim

society