Legal Foundations
Name the three principles of justice
Fairness, Access and Equality
This is one main purpose of criminal law: to discourage people from committing crimes by imposing penalties
Deterrence
This offence occurs when a person intentionally or recklessly causes another person to fear immediate and unlawful violence.
Assault
This monetary penalty is expressed in penalty units and is payable to the State of Victoria rather than the victim.
Fine
The main purpose of civil law in Victoria is to restore the wronged party to this position, usually through remedies like damages or injunctions.
Original position before the harm occurred
Section 116 of the Australian Constitution prevents the Commonwealth from making laws that establish a religion or prohibit its free exercise. What express right does this section protect?
Freedom of Religion
Name 3 characteristics of an effective law
Known, Clear and Understood, Stable, Enforceable, Reflect societies values.
This legal principle ensures every person accused of a crime is treated as not guilty until proven otherwise.
Presumption of Innocence
To be guilty of this offence, the prosecution must prove that the accused caused the death of another person while driving a motor vehicle culpably — meaning in one of these three ways.
Culpable driving
This non-custodial sanction allows offenders to serve their sentence in the community under conditions such as unpaid work or treatment programs.
Community Correction Order (CCO)
In a Victorian civil case, this party initiates the claim, while the other party responds to the allegations.
Plaintiff and Defendant
In 1992, the High Court found that Australia’s system of representative government implies this freedom, which limits laws that restrict discussion of political matters
What is the Implied Freedom of Political Communication?
What are the four parts of the relationship between the Courts and Parliament
Abrogation, Codification, Statutory Interpretation and Judges influencing Parliament
These two Latin terms describe the physical act of committing a crime and the mental intention to commit it.
Mens rea and Actus reus
This defence may excuse an accused from liability for assault if they used reasonable force to protect themselves from an immediate threat of harm.
Self defence
This specialist sentencing approach, available in Victoria, aims to address underlying causes of offending such as substance abuse and cultural factors, and includes courts like the Drug Court and Koori Court.
Alternative Approaches to Sentencing
Under the Defamation Act 2005 (Vic), a plaintiff must prove three elements: that the material was defamatory, that it referred to them, and one other element. What is this element?
Publication to a third party
This constitutional principle divides power among the legislature, executive, and judiciary, helping protect rights by preventing any one branch from exercising unchecked authority.
Separation of Powers
When Parliament passes legislation that specifically overturns a court’s interpretation of a law, it is exercising this type of legislative power.
Abrogation
Under Victorian law, this type of participant can be found guilty of a crime even if they did not personally carry out the actus reus, provided they intentionally assisted, encouraged, or directed another person to commit the offence.
Principal offender
To establish this offence, the prosecution must prove that the accused committed an unlawful killing of another person with malice aforethought and that this act caused the victim’s death. Name all four elements required.
(1) the victim was a human being, (2) the accused was of sound mind and age of discretion, (3) the killing was unlawful, and (4) the accused had malice aforethought (intention to kill or cause serious injury, reckless indifference, or intent to assault someone making an arrest)
First Nations people in Victoria are significantly over-represented in the criminal justice system due to systemic and structural barriers. Name two key factors that contribute to this over-representation.
What are systemic racism and social/economic disadvantage? (Other acceptable answers: language barriers, cultural misunderstandings, bias in policing, involvement with child protection system)
In Victorian civil law, this concept requires the plaintiff to prove that the defendant’s breach directly caused the harm suffered, and that the harm was not too remote from the defendant’s actions. It can be broken by an intervening event.
Causation
The Charter of Human Rights and Responsibilities Act 2006 (Vic) protects 20 fundamental rights. Name two examples of rights included in the Charter.
Right to Equality and Freedom of Expression (Other acceptable answers: Right to Life, Cultural Rights, Right to Vote, Protection from Torture)
In the Victorian court hierarchy, this specific court hears appeals on points of law from the Magistrates’ Court and certain tribunals, but also has original jurisdiction in serious indictable offences.
County Court
Who Am I:
I am a criminal serious criminal offence, I am usually heard in the County Court but under some conditions I can be heard in the Magistrates Court?
Indictable offence heard summarily
To prove culpable driving causing death under Section 318 of the Crimes Act 1958 (Vic), the prosecution must establish that the accused drove in one of three ways: recklessly, negligently, or while impaired by alcohol or drugs. Which of these requires proof that the accused consciously disregarded a substantial risk that death or serious injury would result?
Recklessly
Under Section 5(1) of the Sentencing Act 1991 (Vic), courts may impose a sentence for five specific purposes. Which purpose is aimed at expressing society’s strong disapproval of the offender’s conduct, and in what types of offences is it particularly important?
What is Denunciation, and it is particularly important in offences such as family violence, hate crimes, and serious acts of violence
Under Victorian law, even if duty, breach, and damage are proven, a plaintiff may still fail if the harm was not a reasonably foreseeable consequence of the defendant’s conduct. This principle limits liability to prevent unfair outcomes.
Remoteness of damage
Unlike many countries, Australia does not have a national Bill of Rights. Instead, rights are protected through statutes, common law, and a few express constitutional provisions. Name two express rights guaranteed by the Australian Constitution.
What are the right to trial by jury for indictable Commonwealth offences (s80) and freedom of religion (s116)? (Other acceptable answers: right to vote (s41), protection against discrimination based on state residence (s117), acquisition of property on just terms (s51(xxxi)).)