Criminal Law T1

Question 1

What is a Crime?

Answer 1

A criminal offense committed against the state that inflicts harm on another individual and/or society.

Question 2

What is Common Law?

Answer 2

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 law.

Question 3

What is Statute Law?

Answer 3

Laws passed by parliament.
Statute law is the most common form of law within our society.
Statute laws take precedence over common law.
Statute Law is commonly referred to as legislation or an act of parliament.

Question 4

What is the age of Criminal Liability?

Answer 4

Below 10: cannot be charged with a crime.
Between 10 & 14: ‘Doli Incapax’ applies and unless the prosecution can prove intent, They cannot be charged with a crime.
Over 14: can be charged with a crime.

Question 5

What are Summary Offences?

Answer 5

Less serious offenses, found in the Summary Offences Act 1966 (VIC), heard in the Magistrates’ court.
e.g. unlicensed driving, and minor assaults. offensive behavior.

Question 6

What are Indictable Offences?

Answer 6

Serious offenses, found in the Crimes Act 1958 (VIC) under section 72, heard in the county or supreme courts (trial division).
e.g. aggravated burglary, theft, drug trafficking, property damage, manslaughter, and murder.