LAW2394 Criminal Law – Week 1 Vocabulary

Vocabulary flashcards covering core concepts, doctrines, cases, statutory references and procedural terms introduced in Week 1 of LAW2394 Criminal Law.

Criminal Law

The body of law that defines conduct considered harmful to society, sets punishments, and outlines procedures for prosecution.

Crime

A legal wrong that can be followed by criminal proceedings which may result in punishment.

Public Wrong

Wrong-doing viewed as committed against the community or state, rather than a private individual.

Actus Reus

The physical component of an offence: the voluntary act, omission, circumstance or result prohibited by law.

Mens Rea

The mental or fault element of an offence, such as intention, recklessness or negligence.

Intention

A state of mind where the accused meant to engage in the conduct and/or bring about a specific result.

Recklessness

Consciously taking an unjustified risk while foreseeing that the conduct could produce a prohibited consequence.

Negligence (Criminal)

A gross departure from the standard of care a reasonable person would exercise, resulting in prohibited harm.

Voluntariness

Requirement that the act or omission forming the actus reus be a willed movement, not a reflex or unconscious act.

Omission

Failure to act where the law imposes a duty (special relationship, statutory duty, or creation of danger).

Contemporaneity

The principle that actus reus and mens rea must coincide in time for liability to arise.

Strict Liability Offence

An offence that does not require proof of mens rea; liability follows from committing the prohibited act.

Absolute Liability Offence

A strict liability offence where no defence of honest and reasonable mistake is available.

Principle of Legality

No one may be punished without clear, pre-existing law and due process; guards against arbitrariness.

Equality Before the Law

Doctrine that criminal law applies equally to all persons; no one is above the law.

Presumption of Innocence

The accused is presumed innocent until proven guilty beyond reasonable doubt.

Burden of Proof

Obligation to produce evidence and persuade the fact-finder; primarily rests on the prosecution.

Evidential Burden

Duty to adduce some evidence supporting a claim or defence (standard: reasonable possibility).

Legal (Persuasive) Burden

Duty to prove a fact to the required standard; for prosecution, beyond reasonable doubt.

Standard: Beyond Reasonable Doubt

High level of certainty required for criminal conviction; any reasonable doubt must result in acquittal.

IRAC

Analytical framework: Issue, Rule, Application, Conclusion, used to structure legal reasoning.

Harm Principle (J.S. Mill)

Law should restrict individual autonomy only to prevent harm to others.

Common Morality Theory (Devlin)

View that law may enforce society’s shared moral standards to preserve order.

Doli Incapax

Presumption that children below a certain age (now under 12 in Victoria) are incapable of criminal intent.

Age of Criminal Responsibility (Vic)

Minimum age 12 (conclusive presumption of incapacity); rebuttable presumption of incapacity for 12–14-year-olds.

Summary Offence

Less serious offence tried without a jury in the Magistrates’ or Children’s Court.

Indictable Offence

More serious offence usually tried before judge and jury; higher penalties available.

Indictable Offence Triable Summarily

An indictable offence that legislation permits to be heard in the summary jurisdiction with consent.

Court Hierarchy (Vic)

Magistrates’/Children’s Court → County Court → Supreme Court (Trial & Appeal) → High Court of Australia.

Retribution

Sentencing aim of imposing deserved punishment for wrongdoing.

Deterrence

Sentencing aim of discouraging the offender and the public from future offending.

Rehabilitation

Sentencing aim of reforming the offender’s behaviour.

Denunciation

Sentencing aim of expressing societal condemnation of the offence.

Community Protection

Sentencing aim of safeguarding the public from further harm by the offender.

Causation

Link that the defendant’s conduct must have caused the prohibited result in result-based crimes.

R v Brown [1994] 1 AC 212

UK case where a 3–2 majority held that consent is no defence to sadomasochistic injury; public policy justified criminalisation.

Woolmington v DPP [1935] AC 462

Landmark case affirming the prosecution’s burden to prove guilt beyond reasonable doubt.

Fagan v Metropolitan Police Commissioner (1968)

Case illustrating contemporaneity: continuing act doctrine aligns actus reus and mens rea.

Thabo Meli v R (1954)

Case establishing the ‘single transaction’ principle: series of acts treated as one for coincidence of MR and AR.

Crimes Act 1958 (Vic) s 16

Provision creating the offence of intentionally causing serious injury without lawful excuse.