Key concepts
What is the standard of proof in a criminal case?
Beyond reasonable doubt
Who has the burden of proof in a criminal case?
prosecutor
What is the presumption of innoccence?
right of a person accused of a crime to be presumed not guilty unless proven otherwise
What is murder?
Murder is the unlawful killing of another person with malice aforethought (intention to kill), by a person who is of the age of discretion (aged 10 or above) and of sound mind.
What is assault?
Assault is the intentional or reckless use of force or the threat of force against another person without lawful excuse.
Name one purpose of criminal law
-protecting individuals
-protecting property
-protecting society
-protecting justice
Who are the possible participants of crime
-principle offender
-accessory
What is the differencce between a summary offence and an indictable offence?
Summary offences
-minor offences
-found in the Summary offences Act
-heard and determined in the Magistrates’ Court,
Indictable offences
-serious offences,
- found in the Crimes Act
-determined in the Supreme or County Court.
Identify the elements of murder
-that the killing was unlawful
-the accused’s acts were voluntary
-the accused committed acts that caused the victim’s death
-the accused acted with intent to kill or cause serious harm.
Identify the elements of assault
-The Accused applied force or threatened to apply force.
-The application of threat or force was intentional or reckless.
-There was no lawful justification or excuse
What is criminal law?
An area of law that defines behaviours and conduct that are prohibited (ie crimes) and outlines sanctions (ie penalties) for people who commit them.
What are the two elements of crime?
-actus reus-guilty act
-mens rea-guilty mind
What is a cyber crime? Give an example
criminal offences that are committed using computers or other electronic systems and devices.
examples
- online fraud,
-the creation of malicious software (e.g. malware and viruses)
-‘computer hacking’ to dishonestly gain personal financial data
What is manslaughter?
unintentional killing of a person due to reckless/ dangerous act or negligent behaviour
What possible sanctions could someone accused of assault recieve?
-fine
-imprisonment
What is a victimless crime?
an offence that only involves the offender and where nodirect harm is suffered by a victim. The offence also goes against what societyconsiders to be acceptable and can indirectly harm individuals and the widercommunity eg. consuming illegal drugs
What is a crime?
An act (ie. undertaking an action) or omission
(ie failing to undertake an action) that is against
an existing law, harmful to both to an
individual and to society, and punishable by law
(by the state).
What is white collar crime? Give an example
White collar crimes are criminal offences undertaken by people who work in government, in businesses or in the corporate world.
An example is fraud.
Name one factor that can increase and one factor that can decrease a persons sentence
-guilty plea
-violence
-vulnerability of victim
-personal circumstances
Describe an impact of assault
-community-safety
-victim- hospital, safety
-the offender-imprisonment,fine, medical costs
What is a strict liability crime and give an example
for the offence to be committed, only actus reus (the guilty act) is sufficient, and the prosecution does not have to prove the mens rea (the guilty mind)
-not wearing a seatbelt
-fare evasion
-speeding
Discuss how bail upholds the presumption of innocence
- it allows individuals accused of a crime to remain free until proven guilty in a court of law.
-bail upholds the presumption of innocence because it recognizes the importance of safeguarding individual liberties during the legal process
-bail does not always uphold the presumption of innocence because it can be denied based on certain factors or the severity of the alleged crime
What is doli incapax?
Doli incapax is a legal concept which translates as ‘incapable of evil’. This means that in Victoria that a child aged between 10 and 13 years is presumed to be incapable of forming mens rea (a guilty mind) because they do not have the intellectual or moral capacity to know the difference between right and wrong. Therefore it is the responsibility of the prosecution to rebut this by proving the specific child accused knew the difference between right and wrong during the time of the offence.
Describe automatism as a defence to murder
defence to any criminal offence may be suitable if a person committed a murder involuntarily. This means that they acted without intention due to having, at the time of the offence, a total loss of control over their bodily movements (i.e. the accused was not conscious or aware of what they were doing) and therefore, could not form an intention to commit a crime.
For example, the defence of automatism may be raised in a case where an accused has committed an offence while sleeping or sleepwalking, while suffering concussion, during an epileptic seizure, or as a result of a medical condition or because of a side effect of the proper use of medication.
Consensual actions are a defence to assault. However, consent is a partial defence, meaning it does not completely absolve (free) an accused of an assault charge.