The Purpose of Criminal Law
The aim of criminal law is...
To protect individuals and achieve social cohesion
What does "presumption of innocence" mean?
An accused person is innocent until proven guilty.
Identify the Latin term for the physical element of a crime
Actus reus — the guilty act
Identify the two main categories of crime
Crimes against the person and crimes against property.
Who is the "principal offender"?
The person who commits the crime.
What is the rule of law?
The principle that people must know and abide / obey the laws set in place.
Who holds the burden of proof in a criminal trial?
The prosecution.
What does "mens rea" mean?
The guilty mind — intention to commit a crime.
Give an example of a crime against the person.
Assault, murder.
What’s an "accessory" to a crime?
What is an example of an act they can do?
Someone who assists after the crime, like hiding evidence.
How does criminal law protect the rights of individuals?
It details what is and is not a crime and provides sanctions to punish offenders
What is the standard of proof in a criminal case?
Beyond reasonable doubt
What is the minimum "age of criminal responsibility" in Victoria?
10 years old.
What’s an example of a crime against property?
Theft, arson.
Can an accessory be charged if they didn’t commit the crime themselves?
Yes — if they helped the offender avoid justice.
What is one example of how criminal law maintains public order?
By punishing crimes like assault or theft to prevent harm
Name one right the presumption of innocence protects.
The right to remain silent.
Identify and explain the Latin term associated with the age of criminal responsibility, relevant to children aged between 10 - 14 years.
Doli Incapax - incapable of evil
Describe the difference between summary and indictable offences
Summary are minor offenses tried by a magistrate;
indictable are serious and require a jury.
What is "aiding and abetting" in a crime?
Helping, encouraging, or advising someone to commit a crime.
How does criminal law balance protecting individuals and punishing offenders?
It ensures the law is fair and protects the presumption of innocence
How does the presumption of innocence help ensure a fair trial?
It forces the prosecution to provide strong evidence to prove the accused is guilt beyond reasonable doubt.
Define "strict liability" in criminal law and provide an example
Crimes that don’t require mens rea
Such as...
Can an indictable offence ever be heard summarily? If so, what are the requirements?
Yes, less serious indictable offences can be heard in the Magistrates' Court.
Can only occur for indictable offences with a maximum penalty of 10 years.
What happens if a secondary party withdraws from a crime before it happens?
They may avoid criminal liability if they genuinely try to prevent it.