Criminal Law Flashcards
(37 cards)
What is a crime?
A crime is a criminal offence committed against the state that inflicts harm on another individual and/or society.
Two main sources of law
Common Law and Statute Law
Common law
Common law refers to decisions made by judges about issues that arise in court. Judges can make law when a matter comes before the court for which there is no relevant existing
Statute law
Statute law refers to laws passed by parliament. Statute law is the most common form of
law within our society. Statute law takes precedence over common law. Statute law is
commonly referred to as legislation or an Act of parliament.
Age of Criminal Liability
- If a person is below the age of 10 they cannot be charged with a crime.
- Between 10 – below 14 years the doctrine of doli incapax applies
(incapable of forming
intention to commit crime) unless the prosecution can prove intent e.g.
police interviews, psychologists reports, actions afterwards. - 14 years and above – can be charged with a crime
Types of Offences
Criminal offences are classified as either summary or indictable.
Summary offences
Summary offences are less serious offences, found in the Summary Offences Act 1966 (Vic), heard in the Magistrates Court.
Examples: unlicensed driving, minor assaults, offensive behaviour.
Indictable offences
Indictable offences are serious offences, found in the Crimes Act 1958 (Vic)
under Section 72, heard in the County Court or the Supreme Court - Trial
Division.
Examples: aggravated burglary, theft, drug trafficking, property damage,
manslaughter and murder.
Stakeholders in a Crime
Victim: a person who has suffered a loss due to the actions or
omissions of another.
Accused: a person who is charged with a crime and must stand trial in a
court of law to determine whether they are guilty or not guilty.
Suspect: a person who is thought to have committed a crime and is
being investigated.
Witness: a person who has seen or heard information relevant to an
alleged crime.
Offender: a person who has broken the law
Elements of an offence
In order for the accused to be found guilty of a crime, two elements must nearly always exist: Actus Reus and Mens Rea
Actus Reus
Actus Reus = a wrongful act
Actus reus refers to the physical performance of the criminal act. That
is, the action taken or omitted (not taken) by a person.
Mens Rea
Mens Rea= a guilty mind
Mens rea refers to a person’s awareness of the fact that their conduct is
criminal: this is the criminal intent
Strict Liability offences
Strict liability offences only require the criminal action (actus reus) to be proven. Examples of strict liability offences include speeding offences. It is not necessary for the intention to speed (mens rea) to be proven.
Principal offenders
A principal offender is someone who commits the crime. A person can
commit a crime even if they do not physically take part.
Regarded as a principal (primary) offender if they:
-Aid (assist)
-Abet (encourage)
-Counsel (give advice)
-Organise
…another person to commit an indictable offence (serious offence)
Accessory
An accessory assists the principal offender after the criminal act
An accessory is someone who knowingly impedes the:
-Apprehension (seizure and arrest)
-Prosecution (when case is being heard in court)
-Conviction (finding of guilt by a court)
-Punishment (handing down a sentence by a court)
…of the principal offender.
Bail
Most people who are charged with an indictable offence receive bail (release from custody).
Remand
If the accused is likely to be a danger to society, or could
possibly flee the country before they are due in court (abscond),
the accused will be held on remand
Presumption of Innocence
Anyone who has been charged with an offence is deemed to be innocent until proven guilty.
Being charged with a crime means that the accused is alleged to have committed an offence. It does not mean that the accused is guilty. The charge is an unproven accusation.
Committal Hearings
The purpose of a committal hearing is to determine whether there is
enough evidence against a person who has been charged with an
indictable offence for the matter to proceed to trial, and for a conviction
to be handed down, in one of the higher courts (County Court or
Supreme Court - Trial Division).
Role of the court
- Interpret and apply the law;
- Determine the verdict (guilty or not guilty); and
- Impose a suitable penalty for those who have broken the law
The Prosecution:
The party which presents and argues the case on behalf of the
Crown against people accused of serious crimes.
The Defence
The party which presents and argues the case on behalf of the
accused.
Burden of Proof
In criminal cases, the prosecution has the burden of proving the guilt of the accused. This means that the prosecutor must prove in court that the accused did in fact commit the crime
Standard of Proof
Standard of Proof In order to establish the guilt of the accused, the standard to which the prosecution must establish that the accused is guilty is beyond reasonable doubt.
