VCE Legal Studies 2025 Unit 1 AOS 2: ‘Proving Guilt’ Exam Revision

What are the purposes of criminal law?

To achieve social cohesion and protect the community by defining and prohibiting unacceptable behaviour and outlining sanction for these crimes.

What is the presumption of innocence?

The right of an accused person to be presumed not guilty unless proven guilty beyond reasonable doubt. It is a right protected in the Charter of Human Rights and Responsibilities.

What are some elements of the presumption of innocence?

The burden of proof, the standard of proof, the right to appeal, sentencing practices, the right to silence, the right to legal representation and bail.

What are the elements of a crime?

Actus reus and mens rea.

What is actus reus?

A Latin term meaning ‘guilty act’, referring to the physical element of a crime, which may be an act or an omission.

What is mens rea?

The mental element of a crime. For the accused to be found guilty, the prosecution must prove the accused knowingly, intentionally or negligently committed the crime.

What are strict liability offences?

Crimes that have no mental element in their definition, meaning mens rea does not need to be proven. They are usually summary offences, such as driving offences and selling alcohol to minors.

What is the age of criminal responsibility in Victoria?

Children aged 12 and under are considered doli incapax. 13-year-olds are considered doli incapax unless the prosecution can prove that the child understood that the act was a crime and their behaviour was wrong.

What is the burden of proof?

The responsibility to prove the facts of a case. In a criminal matter, this begins with the prosecution. Sometimes, the burden of proof may be reversed, meaning that the prosecution only has to prove guilt on the balance of probabilities. This includes drug offences.

What is the standard of proof?

The degree to which guilt must be needed to prove a legal case. In criminal law, the standard of proof is ‘beyond reasonable doubt’.

What are two of the main types of crime?

Crimes against the person and crimes against property.

What is a crime against the person?

An action or omission that causes or tends to cause death, danger to life, bodily harm or apprehension of harm.

What is a crime against property?

A crime that relates to the theft or destruction of someone else’s property.

What is a summary offence?

A minor criminal offence, heard by a magistrate sitting alone. They may be heard in the absence of the accused.

What is an indictable offence?

A serious offence tried in the County or Supreme Court, heard before a judge and jury if the accused pleads not guilty. It cannot be heard in the absence of the accused.

When can an indictable offence be heard summarily?

When the court believes it is appropriate, and the accused consents. It can be quicker and cheaper and result in a lesser sentence. It cannot be a crime punishable by more than 10 years imprisonment, or a fine greater than 1,200 penalty points.

Who is the principal offender in a crime?

The perpetrator of the offence, who carries out the actus reus. It also includes those who intentionally and knowingly assist, encourage or direct another person to commit an offence.

Who is the accessory in a crime?

A person who, without lawful excuse, knowingly and deliberately assists the principal offender after they have committed a crime.

What is murder?

The unlawful and intentional killing of a human being.

What are the four elements of murder?

The killing was unlawful, the accused’s actions were voluntary, the accused’s actions contributed substantially to the victim’s death, and that the accused acted with the intent to kill or cause serious harm.

What are the possible defences for murder?

Any of the general defences, as well as one of the elements of murder not being satisfied.

Who does murder impact?

The victim, the victim’s family and friends, the community, and the offender.

What is culpable driving causing death?

A homicide offence that occurs when a person causes the death of another by driving their vehicle in a reckless or negligent manner or while under the influence or drugs or alcohol.

What are the elements of culpable driving causing death?

The accused must have had substantial control over the movement and direction of a motor vehicle and was driving recklessly, negligently or while under the influence, which contributed significantly to the death of another person.

What are the possible defences to culpable driving causing death?

Duress, sudden or extraordinary emergency, automatism, or that any of the elements of the offence were not satisfied.

What are the different general defences for crime in Victoria?

Self-defence, mental impairment, duress, sudden or extraordinary emergency, automatism, intoxication or accident.

What are the requirements for the defence of self-defence?

The accused believed that their actions were necessary to defend themselves, and that their actions were reasonable in the circumstances. Once self-defence in raised, the burden of proof falls on the prosecution.

What are the requirements for the defence of mental impairment?

At the time of the offence, the accused was suffering from a mental illness, and as a result, did not understand what they were doing or did not know that their conduct was wrong. Whichever party raises this defence then receives the burden of proof. If mental impairment is successfully argued, the accused is not immediately released from custody, and a secure treatment order will often be imposed.

What are the requirements for the defence of duress?

At the time of the offence, the accused must have had a reasonable belief that a threat of harm existed, that this threat would been carried out unless the offence was committed, that committing the offence was the only reasonable way to avoid the threat and that the accused’s conduct was reasonable. Once the defence of duress is raised, the burden of proof falls on the prosecution.

What are the requirements for the defence of sudden or extraordinary emergency?

At the time of the offence, the accused must have had a reasonable belief that there was a sudden or extraordinary emergency, and that their actions were the only reasonable way of dealing with the situation. Once this defence is raised, the burden of proof falls on the prosecution.

What are the requirements for the defence of automatism?

The accused must have committed the offence involuntarily due to having a total loss of control over their bodily movements at the time of the offence and so could not form mens rea. This includes sleeping and sleepwalking, while suffering a concussion, while having an epileptic seizure, as a result of a medical condition, or as a side effect of properly used medication. In general, once this defence is raised, the burden of proof usually falls on the prosecution.

What are the requirements for the defence of intoxication?

At the time of the offence, the accused must have acted involuntarily due to being in an intoxicated state that was not self-induced.

What are the requirements for the defence of accident?

The accused’s actions were involuntary, unintentional or reasonably unforeseeable.

What sort of person would be unfit to stand trial?

Someone who cannot understand the nature of the charge laid against them, enter a plea, follow the course of the trial or instruct their lawyer. A jury will determine the accused’s fitness to stand trial.