VCE Legal Studies 2025 Unit 1 AOS 2: 'Proving Guilt'

What is the purpose of criminal law?

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

What is the presumption of innocence?

The presumption of innocence is a guarantee by the state to its citizens that if they are accused of a crime they will be considered, and treated (as far as possible), as being not guilty until the charge has been proved beyond reasonable doubt.

What is actus reus?

Meaning ‘guilty act’, it is the physical element of a crime. For the accused to be found guilty, the prosecution must prove that they physically committed the wrongful action or inaction.

What is mens rea?

Meaning ‘guilty mind’, mens rea is the mental element of a crime. For the accused to be found guilty, the prosecution must prove that the person knowingly, intentionally, recklessly or negligently committed the wrongful action or inaction.

What is strict liability?

Crimes of strict liability do not require mens rea for the accused to be considered guilty of committing them. The prosecution needs only to prove actus reus. They are mostly summary offenses, including drink driving, fare evasion, failure to display P plates.

What is the age of criminal responsibility?

The minimum age a person must be to be charged with committing a crime. Most young people are considered incapable of forming mens rea. In Victoria, the age of criminal responsibility was raised from 10 t0 12 in 2024. Children 12 or under are considered doli incapax, unable to form mens rea. Children aged 13 are presumed doli incapax unless mens rea is proved by prosecution.

What is the burden of proof?

The responsibility to prove the allegations made in a case. In a criminal case, rests on the prosecution. It means that the accused is not convicted solely for not being able to prove their innocence. In some circumstances, the burden of proof can be reversed, such as in drug possession, or when the accused pleads a defence.

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 is a Division A crime?

A crime against the person, including homicide, assault, sexual offences, stalking, harassment, and endangerment,

What is a Division B crime?

A property or deception offence, such as arson, property damage, burglary, deception or bribery.

What is a Division C crime?

A drug offence, such as dealing and trafficking drugs, manufacturing drugs, drug use or drug possession.

What is a Division D crime?

A public order or security offence, such as weapons and explosives offences, public security offences, terrorism, and disorderly and offensive conduct.

What is a Division E crime?

A justice procedure offence, such as perjury or defence of court,

What is a Division F crime?

Any other offence (protecting rights and cultures, improving society), such as driving offences, transport regulation offences.

What is a summary offence?

A minor criminal offence generally heard in the Magistrates’ Court. Include drink driving, disorderly conduct, and minor assaults. They are heard by a magistrate, without a jury.

What is an indictable offense?

A serious criminal offense generally heard by a judge (and a jury if the accused pleads not guilty). It is heard in the County Court or the Supreme Court of Victoria. Some indictable offenses may be heard summarily.

When can an indictable offense not be heard summarily?

If it is punishable by more than 10 years imprisonment or a fine greater than 1200 penalty points (approx. $230,000), or when the accused does not consent.

What sort of indictable offenses may be heard summarily?

Causing criminal damage worth less than $100,000, theft of under the same amount, minor assault.

Who is the principal offender in a crime?

The person who has carried out the act or omission that constitutes a crime (actus reus), as well as anyone who intentionally and knowingly assists, encourages, or directs another person to commit a crime.

Who is the accessory to a crime?

A person who, without lawful excuse, assists knowingly and intentionally assists a principal offender after a crime has been committed.

What are the general defences to a crime in Victoria?

Self-defence, mental impairment, duress, sudden or extraordinary emergency, automatism, intoxication, and 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 is raised, the burden of proof falls on the prosecution.

What are the requirements for the defence of mental impairment?

At the time of the offense, 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 part raises the defence of mental impairment 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 offense, the accused must have had a reasonable belief that a threat of harm existed, that this threat would have been carried out unless the offense was committed, and that committing the offense 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 prosecution holds the burden of proof.

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

At the time of the offense, the accused must have had a reasonable belief that there was a sudden or extraordinary emergency, that their actions were the only reasonable wau 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 offense involuntarily due to having a total loss if control over their bodily movements at the time of the offense, and so could not form mens rea. This includes while sleeping or sleepwalking, while having 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 the 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 offense, 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.

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 acts were voluntary, the accused committed the acts that caused the victim’s death, and that the accused acted with the intent to kill or cause serious harm.

What is culpable driving causing death?

A homicide offence that occurs when a person causes the death of another person by driving their motor vehicle in a negligent or reckless 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 for murder?

Any of the general defences, or that one of the elements of murder was not satisfied.

What are the possible sanctions to murder?

The gravity of the offending, the vulnerability of the victim, the offender’s conduct after the offence, the offender’s personal circumstances, whether or not the murder was premeditated, and whether or not the accused submits a guilty plea.

Who does murder impact?

The victim, the community, and the offender.

What are the possible defences to culpable driving causing death?

Duress, sudden or extraordinary emergency, and automatism, or that any of the elements of the offense were unsatisfied.

What are the possible sanctions for culpable driving causing death?

The gravity of the offence, the offender’s conduct after the offence, the impact of the victim’s death, the offender’s personal circumstances, and if the offender submits a guilty plea.