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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
Note
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