Criminal Law Basics
What is a crime?
An act or omission that is against the law, harmful to society, and punishable.
What is a summary offence?
Minor offence heard in the Magistrates’ Court.
What does "presumption of innocence" mean?
Everyone is innocent until proven guilty.
What is the minimum age of criminal responsibility in Victoria?
10 – with doli incapax between 10 and 14.
What is self-defense?
Using reasonable force to protect yourself or others.
Name one purpose of criminal law
Protect society, deter, punish, uphold justice.
What is an indictable offence?
Serious offence heard in higher courts – County or Supreme.
Who has the burden of proof in a criminal trial?
The prosecution.
What is mens rea?
The guilty mind – intention or knowledge of wrongdoing.
What is duress?
Committing a crime under threat of serious harm.
What are the 4 main purposes of criminal law?
Protect individuals, deter crime, punish offenders, uphold social cohesion.
What does “indictable offence heard summarily” mean?
Serious offence treated as minor with consent, heard in Magistrates’ Court.
What is the standard of proof in criminal law?
Beyond reasonable doubt.
What is a strict liability offence?
Crime where intent doesn’t matter – just committing the act is enough.
What is mental impairment as a defense?
The accused couldn’t understand what they were doing or that it was wrong.
Name 2 elements of a crime.
Mens rea – guilty mind; Actus reus – guilty act.
Name 3 categories based on the nature of crime.
Person, property, morality, state, legal system, etc.
Name 2 ways the presumption of innocence is protected.
Right to silence, right to bail, right to appeal, no past convictions used to determine guilt.
Who is an accessory to a crime?
Someone who helps the offender after the crime is committed.
When can intoxication be used as a defense?
Only if it was involuntary – e.g., drugged.
What are the 4 elements of murder?
Unlawful killing, voluntary act, causation, intent to kill or cause serious harm – malice aforethought.
How can the type of offender or victim impact the classification of a crime?
Vulnerable victims (e.g. children, elderly) make the offence more serious.
Crimes against public officials (e.g. police) are often classified as aggravated.
Offender factors like being a minor, having mental issues, or repeat offending can influence how the crime is treated.
These factors help decide the severity, classification, and sentencing of the crime.
Explain how the burden and standard of proof uphold the presumption of innocence.
The burden of proof means the prosecution must prove the accused is guilty. The standard of proof—beyond reasonable doubt—ensures a person is not convicted unless the evidence is strong and convincing, protecting their presumption of innocence.
What factors may influence sentencing for murder?
Aggravating and mitigating factors such as remorse, prior record, intent, or brutality.
What does it mean to be "unfit to stand trial"?
Cannot understand proceedings or communicate with a lawyer due to mental incapacity.