Legal AO2

Elements of the presumption of innocence

-Burden of proof

-Standard of proof

-reasonable belief of crime before arrest

-accused’s right to apply for bail

-accused’s right to legal representation

-accused right to silence

-Accused's previous convictions cannot be brought up until sentencing​

-Right to appeal​

Explain one purpose of criminal law. individuals

Protecting individuals

-This means ensuring members of society are safe from harm and their rights are upheld.

-Criminal law achieves this by establishing rules that prohibit harmful behaviour, such as assault or theft.

-When these laws are broken, the courts impose sanctions such as imprisonment or fines, which punish offenders

-his helps to maintain safety and protect individuals within society.

Explain one purpose of criminal law. property

-One purpose of criminal law is to protect property.

-Aims to protect private and public owned property from actions such as theft

-Criminal law achieves this by imposing sanctions such as fines on these actions, thereby helping to protect property within society.

Explain one purpose of criminal law. society

-This means maintaining public order and ensuring the community is safe from harmful behaviour.

-Criminal law achieves this by punishing offences comitted and imposing sanctions such as imprisonment or fines on offenders.

Explain one purpose of criminal law. justice

This means ensuring that individuals are treated fairly and that those who break the law are held accountable for their actions.

-setting clear rules about acceptable behaviour and using the court system to determine guilt and sanctions

What is the presumption of innocence

The principal that a person accused of a crime is considered innocent until states proves gulity beyond reasonable doubt.

Beyond reasonable doubt

The very high standard of proof in criminal law where prosecution must proves accused’s guilt so no reasonable doubt in jury’s mind.

What two elements must exist for a crime to be proven

Actus reus (gulity act)

-The physical element of the crime

-The accused must have comitted the wrong act or omission

Mens rea gulity act

-The mental element of a crime

-Accused must have acted intentionally

-refers to individuals state of mind at time of crime

Outline the significance of strict liability offences. (2 marks)

Strict liability offences do not require the prosecution to prove mens rea, only that the actus reus was present. This is significant as it ensures that individuals are able to be found guilty of committing criminal acts, regardless of whether intent existed at the time of the commission.

Distinguish between summary and indictable offences using an example of each. (4 marks)

Summary offences are minor offences such as shoplifting and jaywalking, whereas indictable offences are major offences such as theft and murder. The difference between the two is that summary offences are heard in the Magistrates’ Court without a jury, while indictable offences are tried in the County Court and Supreme Court (Trial Division) with a jury of 12.

The age of criminal responsibility for under 10 years

Doli incapax

-Incapable of forming mens rea

-cannot be charged

The age of criminal responsibility for 10-13 years

-Age of discretion

-Court decides factors such as maturity and behaviour

The age of criminal responsibility for 14 years and over

-Fully criminally liable

-can be charged with a crime

form mns rea

Division crime A

Crimes against the person

protecting individuals

(homicide, assualt/sexual)

Division crime B

Crimes against property and deception offences

protecting property

(Arson, property damage B and E)

Division crime C

Drug offences

protecting society

(dealing, trafficking drugs, manufacturing)

Division crime D

Public order and security offences

maintaining public order and security

(weapons and security)

Division crime E

Justice procedures offences

protecting justice and the rule of law

(perjury)-false statement under oath

Division crime F

Other offences

protecting rights and cultures

(driving offences)

Elements of murder

1. The victim was a human being

2. The accused was over the age of 10 (no Doli incapax)

3. The killing was unlawful

4. The accused was of sound of mind (understood nature of their actions) cannot from mens rea

5. The accused comitted acts that caused victims’ death (causation of death)

6. The accused acted with intent to kill or cause serious harm ( malice aforethought)

What is lawful death

Death penalty

-war

-self defense

duress

What are the defenses to murder

-self defense

-mental impairment

-Duress

-Sudden emergency

-Automatism

-Intoxication

-accident

-Unfit to stand trial

Describe the elements of rape

One element of rape is intentional sexual penetration. This means that the victims vagina, anus or mouth was intentionally penetrated by a penis, finger or object.

Another element of rape is the victim did not consent. This means the victim did not verbally agree to the sexual penetration or show any other indication that they consented.

A further element of rape is that the accused did not have reasonable belief that the victim consented. This means that the accused was aware that the victim did not consent but continued with the sexual act regardless.

Explain two defences to crime. (4 marks)

One defence to crime is mental impairment. This is the argument that claims the accused person was not of sound mind at the time they committed the crime. Mental impairment states that an accused person did not understand the nature of their actions at the time the offence occurred, and therefore prosecution cannot establish mens rea. If mental impairment is successfully raised, a defendant will be found ‘not guilty by way of mental impairment’.

Another defence to crime is duress. The defence of duress occurs when the accused claims they were under direct harm or threat of death to themselves or others close to them, and the only way to circumvent that threat is to commit the crime. Duress must be proved beyond reasonable doubt, and if successfully established, the accused will be acquitted.

Impacts of rape

• Physical injuries

• Ongoing psychological issues

• Fear

• Trauma, grief

• Funeral and medical costs

• Lost income

• Risk of sexually transmitted diseases

• Cost of publicly funded medical treatment

• Increased need for emergency services

• Loss of community security and freedom to walk the streets

Impact of murder

Impact of the victim and their family

-loss of life

-Disruption to family life

-Tramua, grief and loss (medical issues)

-Loss of belief in law and order

Impacts on the community

-Cost of publicly funded medical treatment

-Increase for police and emergency services

-loss of workplace productivity

-Potential loss in legal system

Impacts on the offender

-guilt or shame in causing death

-legal costs

-loss of household income

-Negative influences as exposure to prison

-Family’s social standing and wellbeing

Right to Apply for Bail

One way the presumption of innocence is upheld is through the right to apply for bail. This allows an accused person to be released from custody while awaiting trial, recognising that they have not yet been proven guilty. By allowing the accused to remain free in the community, it avoids punishing them before a verdict is reached and supports the idea that they are innocent until proven guilty.

However, bail is not always granted, particularly for serious offences where there is an unacceptable risk, and in some cases the accused must justify why they should be released. This means an individual may be held in custody despite not being found guilty, which can undermine the presumption of innocence in practice.

Previous convictions not revealed before verdict

Another way the presumption of innocence is upheld is by ensuring that an accused’s previous convictions are generally not revealed to the jury before a verdict is reached.

This prevents the jury from being biased or influenced by the accused’s past behaviour and ensures they focus only on the evidence presented in the current case.

By doing so, it supports the idea that the accused should be judged solely on the present charges and be considered innocent until proven guilty.

Revealing prior convictions during sentencing allows the judge to acknowledge previous convictions when sentencing the accused.

However, there are exceptions where prior convictions may be admitted, such as when they are highly relevant to the case. In these situations, the jury may be influenced by the accused’s past, which can undermine the presumption of innocence by creating prejudice against the accused.

Standard of Proof Outline- How does this uphold presumption of innocence- This means that

The presumption of innocence is also upheld through the standard of proof of beyond reasonable doubt.This requires the prosecution to present strong and convincing evidence before an accused can be found guilty, ensuring that individuals are not wrongfully convicted. It reinforces the idea that an accused person is innocent until proven guilty, as any reasonable doubt must result in a not guilty verdict.

However, the concept of “reasonable doubt” is not precisely defined and can be interpreted differently by juries, meaning decisions may be subjective. As a result, there is still a risk that an accused person could be convicted despite some doubt, which can limit how effectively the presumption of innocence is upheld.