CRIMINAL LAW

Question 1

purposes

Answer 1

-protect society
-deterrence
-set minimum standards for behaviour
-protect justice and the rule of law

Question 2

types of crimes (classifications)

Answer 2

-crimes against the person (murder)
-crimes against property (damage to property)
-hate crime (acts of violence that stem from prejudice)

Question 3

burden of proof

Answer 3

the responsibility to prove the guilt of the accused (prosecution)

Question 4

standard of proof

Answer 4

degree/ extent to which the guilt must be proved based on the strength of the evidence presented –> beyond reasonable doubt= no other logical explanation

Question 5

presumption of innocence

Answer 5

legal principle to be presumed innocent until proven guilty beyond a reasonable doubt

Question 6

how is the POI upheld

Answer 6

-right to silence (other than name and address)= does not have to respond to police questioning. this places the burden of proof onto the prosecution and ensures they do not incriminate themselves
- right to apply for bail= accused is not punished for an offence they have not proven to have committed
-prior convictions = cannot be disclosed to avoid bias

Question 7

elements of a crime

Answer 7

actus reus- physical wrongful act
mens rea- guilty mind (intention)

Question 8

strict liability offences

Answer 8

type of crime that doesnt require the mens rea, to protect society from dangerous actions regardless of intention (speeding)

Question 9

age of criminal responsibility

Answer 9

age at which the law considers a child capable of understanding their wrongful actions
under 10- cannot be charged
10-13- can be charged if the prosecution proves the child knew their actions were wrong at the time of the crime
14 and above- can be charged

0-13 = protected by doli incapax

Question 10

doli incapax

Answer 10

“incapable of wrong” - believed they are incapable of forming criminal intent and understanding the nature of their actions

Question 11

categories of crime (severity)

Answer 11

-indictable
-summary
-indictable heard summarily

Question 12

summary offences

Answer 12

less serious
summary offences act 1966 (vic)
heard via hearings in Mag court
no committal proceedings
no jury
sanctions = less serious
-2 years prison for 1 crime
-5 years for multiple
examples: minor assault

Question 13

indictable offences

Answer 13

more serious
victorian crimes act 1958
heard via trials (county/supreme)
committal hearings
jury of 12
serious sanctions
examples: murder, rape

Question 14

indictable heard summarily

Answer 14

indictable offences that are considered less serious because cannot be punished by more than 10 years in prison and can be heard in the magistrates court if both the courts and parties (accused and prosecution) agree
purpose: takes less time, less money, saves court resources
benefits: less severe sanction
limitations: less expertise, one decision maker

Question 15

principal offender

Answer 15

the individual who
-commits the crime
-assists
-encourages
-enters into an agreement to commit an offence

Question 16

accessory

Answer 16

any person who knows a crime has been committed and acts to prevent the arrest, prosecution, punishment or conviction of that person

Question 17

impacts of crime

Answer 17

economic
psychological
physical
social
legal
political