LEGAL STUDIES

idk if u need to memorise all points jus do a few

General Defences to Crime

Summary:
General defences are legal reasons explaining why the accused shouldn't be found guilty, even if they did the act.

Examples:

• Self-defence: The accused believed they had to protect themselves from danger, and their response was reasonable.

  Mental impairment: A serious mental condition meant they didn’t understand what they were doing or that it was wrong.

  Sudden or extraordinary emergency: An emergency happened and committing the act was the only way to deal with it.

  Intoxication: They were drunk or high, but this only works in some situations (like if it wasn’t voluntary).

• Accident: The act wasn’t intentional and couldn’t have been predicted by a normal person.

Murder

Summary:
Murder is the unlawful and intentional killing of another person, and it's treated as the most serious crime in criminal law.

WHAT MUST BE PROVEN (MURDER) V Defences to Murder (MURDER)

WHAT MUST BE PROVEN

• The act was unlawful – no legal reason to cause the person’s death.

• The act was voluntary – the accused was conscious and aware.

• The act caused the death – it was the main reason the person died.

• There’s a causal link – a clear connection between the act and the death.

• The accused intended to kill or seriously harm – shows a “guilty mind”
  
  Self-defence: They were protecting themselves or someone else from serious harm.

• Mental impairment: Mental illness made them unable to understand what they did was

• wrong.

• Duress: They were forced to do it under a serious threat.

• Sudden or extraordinary emergency: They acted to handle an unexpected and dangerous situation.

• Intoxication: They were under the influence, but only applies in certain conditions.

• Accident: They didn’t mean to cause harm, and it was not foreseeable.

Possible Sanctions for Murder

Summary:
People found guilty of murder are usually sentenced to imprisonment, sometimes for life.

• Life imprisonment is the maximum penalty (under the Crimes Act 1958 (Vic)).

• Courts often set a non-parole period, but can choose no parole for serious cases.

• Standard sentence: 25 years, or 30 years if the victim was an emergency worker on duty.

Trends and Statistics – Victoria & Northern Territory Victoria:

Victoria:

• Most murder offenders are male (91%).

• 73% are aged between 25–54.

• Everyone received a prison sentence.

Northern Territory:

• Highest murder rate in Australia.

• About 3 times higher than Victoria.

• The trend has been rising over the past 5 years.

Assault

Assault is when someone uses or threatens force on another person intentionally, without a valid reason, which makes it illegal.

ELEMENTS OF ASSAULT & DEFENCES TO ASSAULT

Elements of Assault:

1. Force or Threat: Force or threats were used but don’t have to be violent or cause injuries.

2. Intentional or Reckless: The actions were done on purpose or without care for the risks.

3. No Lawful Excuse: The person had no legal reason or permission to act that way.

Defences to Assault:

1. Self-Defence: They acted to protect themselves or someone else.

2. Mental Impairment: They couldn’t think clearly due to mental health issues.

3. Duress: They acted under extreme pressure or threats.

4. Automatism/Accident: The act wasn’t intentional or they weren’t in control.

5. Emergency: They acted to prevent something worse during an emergency.

6. Intoxication: They weren’t thinking straight due to drugs or alcohol.

Other defences:

• Consent: The other person agreed to the action.

• Lawful Arrest: They had legal permission to arrest someone.

• Child Discipline: The action was fair and not overly harsh when disciplining a child.

Possible Sanctions of assault

If someone is found guilty of assault, they could face up to three months in jail or a fine of $2,880.

Trends and Statistics in Relation to Assault in Victoria and New South Wales

1. Assault rates in Victoria and New South Wales have stayed steady over the last five years.

2. In Victoria, 85% of those sentenced for assault between 2018 and 2021 were men.

3. Over 60% of offenders were aged between 25 and 54, showing it’s mainly a middle-aged

   issue.

4. Nearly 30% of offenders went to jail, with most sentences being under six months.

5. About 19% of offenders were given community correction orders.

6. Around 21% of offenders received fines as their punishment.

7. Family violence, especially against women, is a serious issue in both Victoria and New South Wales.

Possible Impacts of Murder

1. Impact on the Victim and Their Family

   1. Loss of Life: Permanent absence of the person causes pain and grief.

   2. Family Disruption: Daily routines and relationships are permanently affected.

   3. Trauma and Medical Issues: Emotional and physical struggles can last years.

   Impact on the Community

   1. Medical Costs: Public funds cover healthcare if death wasn’t immediate.

   2. Coronial Services: Investigations require time and money.

   3. Emergency Services: More resources needed for police and responders.

Impact on the Offender

1. Guilt/Shame: Overwhelming regret for causing harm.

2. Legal Costs: Expensive fees for representation and penalties.

3. Custodial Sentence: Imprisonment affects life quality.

Possible Impacts of Assault

Impact on the Victim and Their Family

1. Disruption: Assault creates chaos and stress for victims' families.

2. Trauma: Emotional and physical wounds may require long-term care.

3. Lost Income: Victim might be unable to work while recovering.

Impact on the Community

1. Medical Costs: Public funds cover treatment.

2. Emergency Services: More demand for police and other responders.

3. Productivity Loss: Workplaces suffer if victims or others are affected.

Impact on the Offender

1. Medical Costs: If injured, treatment costs add up.

2. Guilt/Shame: Emotional burden from harming others.

3. Legal Costs: Lawyer fees and fines can be high.