Criminal Law

Criminal Law

The area of law dealing with crimes and punishment; its goal is to protect society and maintain order.

Civil Law

Deals with disputes between individuals or organisations, seeking compensation, not punishment.

Presumption of Innocence

Legal principle that one is innocent until proven guilty.

Burden of Proof

Obligation on the prosecution to prove the accused committed the crime.

Beyond Reasonable Doubt

Standard of proof in criminal law; requires near certainty of guilt.

Mens Rea

"Guilty mind"; the mental intention to commit a crime.

Actus Reus

"Guilty act"; the physical act of committing a crime.

Strict Liability

Crimes that do not require proof of intent (mens rea).

Indictable Offences

Serious crimes like murder, tried in higher courts with a jury.

Summary Offences

Less serious crimes like traffic violations, tried in Magistrates' Court.

Victim

Person harmed as a result of a crime.

Accused

Person charged with a criminal offence.

Prosecution

Legal team bringing the case against the accused.

Defence

Legal team defending the accused.

Sanction

Legal punishment for someone found guilty.

Mitigating Factors

Factors that lessen the severity of a sentence (e.g., remorse).

Aggravating Factors

Factors that worsen the severity of a sentence (e.g., violence).

Deterrence

Sentencing goal to discourage crime (specific and general).

Rehabilitation

Helping offenders reform and reintegrate into society.

Denunciation

Expressing societal disapproval of the crime.

Retribution

Punishment proportionate to the crime committed.

Protection

Keeping the community safe from offenders.

Blindfold (Lady Justice)

Symbol of impartiality and fairness in the legal system.

Scales (Lady Justice)

Symbol of balanced judgement and fairness.

Sword (Lady Justice)

Symbol of power and enforcement of justice.

Offences Against the Person

Murder, manslaughter, assault, GBH.

Offences Against Property

Theft, burglary, arson.

Offences Against the State

Treason, terrorism.

Traffic Offences

Drink driving, speeding.

Drug Offences

Possession, trafficking.

High Court of Australia

Final court of appeal; handles constitutional issues.

Supreme Court

Hears the most serious indictable offences.

District Court

Handles indictable offences like GBH or serious assault.

Magistrates' Court

Hears summary offences and conducts committal hearings.

Court Hierarchy Importance

Specialisation, appeals, efficiency, and precedent.

Role of Jury

12 citizens decide verdict in serious criminal trials.

Sentencing Purposes

Deterrence, rehabilitation, denunciation, retribution, protection.

Types of Sanctions

Imprisonment, fines, community orders, diversion programs.

Trial Process Steps

Investigation, charge, bail/remand, committal hearing, trial, sentencing.

Juvenile Justice System

For offenders aged 10-17; emphasises rehabilitation.

Doli Incapax

Presumption that children under 14 can't be held criminally responsible unless proven.

Victims' Rights

Right to info, impact statement, compensation, and support services.

Criminal Justice Stakeholders

Police, courts, juries, legal aid, corrections, victim services.

Fair Trial Features

Innocence presumption, legal aid, impartial judge, public trial, defence rights, charge awareness, cross-examining, right to appeal.