Legal test u1 aos2 proving guilt

purposes of criminal law

protect individuals
protect society
protect property
protect justice

presumption of innocence

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

what protects the presumption of innocence

• standard of proof beyond reasonable doubt

• previous convictions not heard in court until verdict

• right of an appeal

actus reus

guilty act, the physical element of the crime

mens rea

guilty mind, the mental element of the crime

strict liability

responsibility for committing a crime can be established with only actus reus. eg drink driving, ptv fare evasion

age of criminal responsibility

minimum age a person must be to be charged with a crime

different ages for criminal responsibility

under 10 = cannot be charged
10-13 = prosecution must prove mens rea by rebutting doli incapax
over 14 = can be criminally charged

doli incapax

a child between 10 and 13 is incapable of forming mens rea

burden of proof

the responsibility to prove the allegations in a case

standard of proof

standard of evidence needed to prove a legal case

division A against person

homicide, assualt

division B against property

arson, bribery

division C drug offences

drug possession, dealing and trafficking drugs

division D public order and security

weapons and explosives, disorderly conduct

division E justice procedures

perjury, contempt of court

division F other offences

driving offences, transport regulation offences

other types of crime

cyber, prejudice motivated, organised, juvenile, white collar

summary offences

minor crimes in Magistrates court by magistrate
- has a final hearing

Indictable offences

serious crimes in higher courts before judge or jury
- final hearing called a trial

Inidictable heard summarily

serious crimes heard without jury
in magistrates court
value less than 100,000

when can an indictable offence not be heard summarily

punishable by more than 10 years imprisonment or greater than 1200 penalty units or without consent of accused

principal offender

a person who committed crime and carried out actus reus

accessory

a person who helps principal offender avoid being punished

murder

unlawful and intentional killing of a human that was voluntary and without lawful justification

elements of murder

unlawful killing
voluntary acts
accused’s acts caused victim death
accused had intent to kill or cause serious harm

defences to murder

self defence, mental impairment, duress, intoxication

sanctions of murder

• under section 3 of crimes act 1958 (VIC) max penalty is imprisonment

• court sets non parole period however if appropriate there can be no parole

• standard is 25 yrs or 30 for killing emergency worker

Murder impact on victim
impact on community
impact on offender

loss of life, trauma
cost of medical treatment, loss of legal system trust
guilt, legal costs

arson

intentional and unlawful use of fire to damage another person’s property

elements of arson

accused damaged property by fire
property belonged to another person
accused knew damage was from their actions
no lawful excuse for damaging property

defences to arson

property belonged to accused, owner gave consent, mental impairment, duress

sanctions for arson

• section 197 of crimes act 1958 max penalty 15 yrs or 1800 penalty units

• section 197A max penalty for arson causing death is 25 years and/or 3000 pen. units

• over 18 must be imprisoned unless mental issue

Arson Impact on victim
impact on community
impact on offender

loss of property, cost of rebuilding property
loss of public property + infrastructure
medical treatment, legal costs

Crime

an act or omission which intentionally breaks a law and causes harm to society and is punishable

Criminal law

area of law that defines prohibited behaviours