Principles of Criminal Liability
Describe the age of criminal responsibility
In Victoria, you must be 10 years or older to be charged with a crime.
From 10 to 14 years, it is assumed that young people do not possess a sufficient understanding to know when they are doing something that is wrong.
What are the three main Victorian courts?
Magistrates, County and Supreme Court
What differentiates murder from manslaughter?
Malice aforethought
Murdering her daughter Tegan
Rules that are not enforceable by the police and are made by private individuals or groups
Non-legal rules
Describe the presumption of innocence?
All persons charged with committing an offence are assumed to be innocent until proven guilty in the Victorian/Australian legal system.
What are the two specialised Victorian courts?
Children's and Coroners Court
What are the two types of malice aforethought?
Express and implied
To what extent has Keli Lane been proved to be guilty?
beyond reasonable doubt
The party that argues that the accused is NOT guilty
The defence
Describe the burden and standard of proof?
Burden of proof: It is the role of the prosecution (AKA “the Crown”) to prove that the accused committed the crime.
Standard of proof: The accused must be found guilty “beyond a reasonable doubt”. This means that if there is any “reasonable doubt” the accused must be “acquitted” (let off).
What types of cases does the Magistrates Court hear? Give an example.
Summary offences, bail and warrant applications, committal hearings
Example: theft, robbery, civil disputes (e.g. property or contract)
Name and describe one circumstance where manslaughter has occurred
1. Unlawful and dangerous acts - Performs an unlawful act that was so dangerous that a reasonable person would have foreseen the likelihood of a serious injury or death
2. Intentionally causes bodily harm - Intentionally causes bodily harm without intending to cause serious injury or death
3. Criminal negligence - The accused failed to maintain the standard of care a reasonable person would have used in the same situation
What are the facts of the Lindy Chamberlain case?
Lindy and her family went camping in Uluru for holiday. Lindy and Michael claimed that a Dingo took their baby Azaria when they were away from the tent. Lindy charged and convicted with murder and Michael for accessory to murder. The media was heavily involved in this case, prompting a "trial by media".
The person who presides over court proceedings and is responsible for giving the sentence.
Judge
Describe the elements of a crime?
(hint: there are 2)
1. Actus reus: a wrongful act
2. Mens rea: a guilty mind
What types of cases does the County Court hear? Give an example.
Indictable offences that don't include murder, attempted murder and certain conspiracies, as well as appeals from the Magistrates' Court
Example: serious theft, armed robbery, drug trafficking, sexual offences, fraud and dishonesty offences, culpable driving, serious assault and income and sales tax offence
What are the three lawful reasonings for homicide?
1. Execution order by a court
2. Enforcement of the law
3. Accident or self defence
Which court was the Lindy Chamberlain case first heard in?
NT Supreme Court
The general law that applies to all citizens, and can be enforced by taking action to seek a remedy.
Civil law
Describe the participants in a crime?
(hint: there are 4)
Principal Offender: The main individual that commits the crime.
Accessory before the fact: Helps the Principal Offender before the crime. Known or unknown
Accessory after the fact: Helps the Principal Offender after the crime.
Conspirator: Has some possible knowledge of the occurrence of the crime but does not actively assist with the crime.
What types of cases does the Supreme Court hear? Give an example.
The most serious indictable offences that cannot be heard by the County Court
Example: treason, murder, manslaughter, attempted murder
Name five different elements of murder
unlawful, age of discretion, human, sound mind, caused by accused, malice aforethought, under the Queen's peace, express or implied intent, death
What was one piece of evidence that the prosecution had against Keli?
The prosecution based their case on motive. They argued that Lane’s reproductive history (she had previously terminated two pregnancies and given one child up for adoption), coupled with her desire to compete in the Olympics was sufficient to establish a motive to kill Tegan.
The prosecution was able to have this evidence admitted by attaching charges of perjury to the murder charge.
The killing of a person
Homicide