Criminal Law
What is the standard of proof required for the prosecution in a criminal trial in Australia?
Beyond reasonable doubt
This is the person who brings a civil case to court, claiming they were wronged.
The plaintiff
This is the most common sanction in Victoria. It involves ordering an offender to pay money to the court.
Fines
What is the role of a jury?
decide a verdict
The legal threshold required for police to stop and question a person
Reasonable Questioning
Where are summary offences resolved?
Magistrates' Court
In civil cases, the standard of proof is lower than in criminal cases. It requires proving a claim is more likely true than not.
The balance of probabilities
The judge
The court that hears indictable offences such as homicide in Victoria
Supreme Court
This Act governs police powers in Victoria, including arrest, search, and seizure
The Crimes Act 1958 (VIC)
In most criminal offences, what two elements must the prosecution prove?
Actus reus and Mens rea
This type of civil wrong occurs when someone fails to take reasonable care, causing harm or loss to another person.
Negligence
This sanction is used when the court wants to monitor an offender closely but not send them to prison. It may include conditions like curfews or treatment programs.
Community Correction Order
This principle ensures that everyone is treated fairly by the justice system.
Equality
Police may conduct this type of search without a warrant if they believe evidence will be destroyed
Urgent Search
This Victorian court deals with most indictable offences like burglary and serious assaults and can also hear appeals from other courts.
County Court
In civil law, this type of remedy is ordered by a court to make someone stop doing something for example, stopping a business from using another company’s logo.
Injunction
This is the most serious sanction in Victoria and involves removing an offender’s freedom.
Imprisonment
This term describes the likelihood of an offender committing another crime after release
Recidivism
This independent body investigates police misconduct in Victoria
IBAC
Under Australian law, what doctrine allows multiple people to be held liable for a crime if they intentionally assist or encourage the principal offender?
Accessory Liability
This is the legal duty requiring people to act with reasonable care to avoid causing harm and it must be proven first in a negligence case.
Duty of care
This sanction allows an offender to avoid prison as long as they follow strict conditions. If they break those conditions, the original prison sentence can be activated.
Suspended Sentence
In 12 Angry Men, who voted not guilty 3rd
Juror 5
This principle requires police to inform suspects of their right to silence and legal representation
The Caution