Civil and Criminal Law

Question 1

What is a crime?

Answer 1

An act or omission that is deemed socially dangerous, harmful or threatening, and is punishable by law.

Question 2

How do we punish?

Answer 2

Punishment in our CJS varies in severity:
- Warning
- Fine
- Community Corrections Order (CCO)
- Imprisonment

Question 2

Criminal Law

Answer 2

• Characterised by being harmful to society as a whole
• Punishable by way of fines, CCO’s or imprisonment
• Typically makes society feel uncomfortable or unsafe

The court aims to prove guilt.

Question 3

Civil Law

Answer 3

• Characterised by someone infringing the rights of another
• Punishable by way of damages (monetary compensation) and injunctions (an authoritative warning or order).
• Typically only affects the individual involved

The court aims to prove liability.

Question 4

What is a summary offence?

Answer 4

• minor crime
• heard/determined by Magistrate in Magistrates’ Court
• known as a “hearing”
• no jury, only magistrate decides if person charged is guilty

Question 5

What is an indictable offence?

Answer 5

• serious crime
• determined/heard in higher courts and are referred to as “trials”
• heard by a judge and jury of 12 members

Judge: independent from both parties, ensures a fair trial, assesses the facts and interprets the law concerning the matter.
Jury: hears and considers the facts of the case and determines the guilt of the offender (guilty/not guilty)

Question 6

What is the Standard of Proof for criminal law?

Answer 6

Beyond reasonable doubt (highest standard of proof in our justice system).

Question 7

What is the Standard of Proof for civil law?

Answer 7

Balance of probabilities (relies solely on evidence tipping slightly in one parties favour).

Question 8

Who has the Burden of Proof in criminal law?

Answer 8

Lies with the prosecution

Question 9

Who has the Burden of Proof in civil law?

Answer 9

Lies with the plaintiff

Question 10

Define the concept of reasonable

Answer 10

• “Reasonableness” is a fundamental principle in Australian legal system
• Legal standard that assesses if a person’s actions/decisions are justifiable in a situation
• Reasonable person is a made-up concept to help apply law consistently who exercises sensible/rational judgement/skill
• Objective test

Question 11

What is beyond a reasonable doubt?

Answer 11

• There can be no “reasonable” doubt that a person is guilty, based on evidence provided
• Jury of 12 must come to a majority verdict (11/12) or unanimous verdict (12/12) that the person is guilty
• If not, person will be found “not guilty”

Question 12

What is the Presumption of Innocence?

Answer 12

• Principle forming the basis of Australian CJS
• innocent in the eyes of the law until proven guilty beyond a reasonable doubt
• Until justice system proves one’s guilt, society and justice justice system must view and treat that person as someone who has not committed a crime.

Question 13

How is the Presumption of Innocence upheld?

Answer 13

• Accused doesn’t need to provide any evidence to prove their case
• Accused may apply for bail
• Accused may remain silent throughout the criminal process
• Prior convictions of the accused cannot be revealed in court until sentencing; they cannot be used as a factor determining guilt