Criminal Law
What is an accused and a victim?
The accused is the person responsible for the crime while a victim is someone who suffered because of the crime.
What is the presumption of innocence?
Everyone is presumed to be innocent until there is reasonable evidence to prove one to be guilty of a crime.
What is the criminal age of responsibility in Victoria.
People under 10 can not be arrested or charged with crimes, for people between 10-13 it must be proved that they knew they were doing something wrong.
Define an organised crime and give an example.
An organised crime is an illegal activity organised by people such as gangs to distribute drugs, launder money or sell illegal firearms.
What is the maximum time someone can spend in jail for a summary crime?
2 years.
What is the purpose of criminal law?
To protect society, discourage crimes and set minimum standards of behaviour.
What is the purpose of The Presumption of Innocence?
To protect individuals against wrongful conviction.
What are the key concepts of criminal law?
Strict liability, which means crimes that do not involve a guilty mind. Age of criminal liability, which means that people under a certain age can not be held liable, and for certain ages it must be proved that they knew their actions were wrong. Doli incapax (incapable of evil), which means that people under 14 can not form mens rea. Everyone 14 and over are criminally liable.
Define hate crimes and give an example.
A hate crime is a type of crime against a person's gender, religion, sexuality or ethnicity. An example would be burning down a church.
What is the maximum jail time that can be given for committing an indictable offence?
A life sentence.
Define a crime.
An act or omission that is prohibited by a current law, harmful to an individual or society and is punishable by law.
What does The Presumption of Innocence protect people from?
The Presumption of Innocence protects people from self-incrimination by making sure the accused does not need to give evidence and that the accused has the right to remain silent.
The burden of proof: The person or people responsible with proving something.
The standard of proof: The amount of evidence needed to prove something.
Define a white collar crime and give an example.
A white collar crime is a crime committed by someone in government, business or the corporate world. An example could be tax evasion.
Solve y = x2 + 8x + 4
don't ask me wtf
Explain how criminal law achieves its purpose.
By establishing the law, enforcing the law and putting those who have broken the law through courts.
What is the impact that The Presumption of Innocence has on police investigation?
The police must have reasonable ground to arrest an individual, the accused has no obligation to respond to the police's questions, police officers can only get forensic evidence when they expect the person to have committed a serious offence, the accused must also be informed of the crime they have allegedly committed and that the fingerprints may be used in court.
What are the two elements of a crime and define them.
Actus reus, which refers to the physical aspect of a guilty act or omission and Mens rea, which refers to someone's state of mind when performing the actus reus.
Define cyber-crime and give an example.
Label the two categories of crime and define them.
Indictable offence which are "serious crimes" such as murder. Summary offence are "minor crimes" such as theft.
Explain how the definition of a crime is changing.
The definition of a crime changes because of the how the values of society alter over time and how what is considered to be a crime and how it is punished may change. The definition also changes when looking at other countries.
What is the impact that Presumption of Innocence has on trials?
The accused has the right to apply for bail, to be represented in court by a lawyer or other legal representative, to not have prior convictions brought up in trial, that the accused can only face trial for serious offence if substantial evidence had established a solid case, that the presumption of innocence is explained to a jury before the verdict is made and the responsibilities of the prosecution.
What would the elements of crime be for theft?
I. Dishonesty
II. Appropriating (taking of property)
III. Belonging to another
IV. With intent to permanently deprive the other of it.
What is the difference between robbery, theft and burglary?
Robbery is stealing with force or threats of force, theft is permanently stealing something without someone knowing and burglary is trespassing in order to steal involving assault.
How are crimes determined as indictable or summary?
It depends on the crimes that are listed on the specific Summary Offence Act and the Criminal Procedure Act.