AOS 2: proving guilt

Question 1

cyber-crime

Answer 1

a criminal offence in which the use of computers or information communication technologies (ICT) is an essential and central part of the offending

Question 2

actus rea

Answer 2

a Latin term meaning ‘a guilty act’: the physical element of a crime (i.e. the act itself)

Question 3

bail

Answer 3

the release of an accused person from custody on condition that they will attend a court hearing to answer the charges

Question 4

barrister

Answer 4

an independent lawyer with specialist skills in dispute resolution and advocacy who is engaged on behalf of a party (usually by the solicitor). In Victoria, the legal profession is divided into two branches: solicitors and barristers

Question 5

beyond reasonable doubt

Answer 5

the standard of proof in criminal cases. This requires the prosecution to prove there is no reasonable doubt that the accused committed the offence

Question 6

bill

Answer 6

a proposed law that has been presented to parliament to become law. It becomes an Act of Parliament once it has passed through all the formal stages of law- making (including royal assent)

Question 7

burden of proof

Answer 7

the obligation (i.e. responsibility) of a party to prove a case. The burden of proof usually rests with the party who initiates the action (i.e. the plaintiff in a civil dispute and the prosecution in a criminal case)

Question 8

community correction order (CCO)

Answer 8

a flexible, non-custodial sanction (one that does not involve a prison sentence) that the offender serves in the community, with conditions attached to the order

Question 9

crime

Answer 9

an act (i.e. undertaking an action) or omission (i.e. failing to undertake an action) that is against an existing law, harmful both to an individual and to society, and punishable by law (by the state)

Question 10

crime statistics

Answer 10

information (i.e. data) collected by authorities (e.g. the police) and analysed to track the level of crime or offending in the community, and the types and levels of sentences given to convicted offenders

Question 11

criminal law

Answer 11

an area of law that defines behaviours and conduct that are prohibited (i.e. crimes) and outlines sanctions (i.e. penalties) for people who commit them

Question 12

fine

Answer 12

a sanction that requires the offender to pay an amount of money to the state

Question 13

guilty plea

Answer 13

when an offender formally admits guilt, which is then considered by the court when sentencing

Question 14

imprisonment

Answer 14

a sanction that involves removing the offender from society for a stated period of time and placing them in prison

Question 15

indictable offence

Answer 15

a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria

Question 16

indictable offence heard and determined summarily

Answer 16

a serious offence that is dealt with as a summary offence if the court and the accused agree. penalty must be under 10 years inprisonment and 1200 penalty units ($230 000)

Question 17

juvenile crime

Answer 17

a criminal offence undertaken by a young person aged between 10 and 18 years

Question 18

mens rea

Answer 18

a Latin term meaning ‘a guilty mind’: the mental element of a crime (i.e. an awareness of the fact that the conduct is criminal)

Question 19

organised crime

Answer 19

a criminal offence undertaken in a planned and ongoing manner by organised syndicates or gangs

Question 20

parole

Answer 20

the supervised and conditional release of a prisoner after the minimum period of imprisonment has been served

Question 21

penalty unit

Answer 21

a measurement used to calculate the amount of a fine. The government can change the value of thismeasurement to increase the amount of a fine

Question 22

prejudice motivated crime

Answer 22

a criminal offence motivated by prejudice, intolerance and bias towards the victim (e.g. because of their race, religion, sex, age, or sexual or gender identity)

Question 23

presumption of innocence

Answer 23

the right of a person accused of a crime to be presumed not guilty unless proven otherwise

Question 24

principal offender

Answer 24

a person who has carried out the actus reus (guilty act) and has therefore directly committed the offence

Question 25

prosecution

Answer 25

the party that institutes criminal proceedings against an accused on behalf of the state (taking someone to court)

Question 26

prosecutor

Answer 26

the representative of the prosecution who is responsible for conducting the criminal case and appearing in court

Question 27

Royal Commission

Answer 27

the highest form of inquiry into matters of public concern and importance. These inquiries are established by the government and are given wide powers to investigate and report on an important matter of public concern

Question 28

sanction

Answer 28

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

Question 29

standard of proof

Answer 29

the degree or extent to which a case must be proved in court

Question 30

summary offence

Answer 30

a minor offence generally heard in the Magistrates’ Court

Question 31

victimless crime

Answer 31

an offence that only involves the offender(s) and where no direct harm is suffered by a victim. The offence also goes against what society considers to be acceptable and can indirectly harm individuals and the wider community

Question 32

white-collar crime

Answer 32

a criminal offence undertaken by people who work in government, in businesses or in the corporate world