Chap 4: Presumption of Innocence

Question 1

What is the purpose of criminal law? (basic)

Answer 1

Behaviour considered harmful to society is classified as a criminal wrong and embodied in the criminal law.
Definition of a crime: an act or omission that is (1) against a current law (2) harmful to an individual or society and (3) punishable by law.

Question 2

Purposes of criminal law (in-depth)

Answer 2

• protect individuals: murder, assault, theft and drunken driving
• protect property: Arson; Property damage; Burglary/Break and enter; Theft; Deception; Bribery
• protect society: Drug dealing and trafficking; Cultivate or manufacture drugs; Drug use and possession; Other drug offences
• maintain public order and security: through Victoria Police and other bodies given power to enforce criminal law and to punish offenders and deter others from committing crime.
• protects justice and the rule of law: takes enforcement out of the hands of individuals. Only the state can punish people for criminal offences.
• protects rights and culture: protects human rights, individual freedoms eg. the right to engage in cultural/religious activities without mistreatment.

Question 3

How does criminal law achieve its purposes?

Answer 3

Establishes law: through statues/Acts of Parliament.
Enforces law: Victoria police/other bodies given power to enforce law.
Decides who is guilty: through the courts.
Imposes sanctions: aims to punish offenders and deter others from committing crimes.

Question 4

What is the presumption of innocence?

Answer 4

• The right of a person accused of a crime to be presumed not guilty unless proven otherwise beyond reasonable doubt by the prosecution.
• A protection against wrongful conviction.
• Is protected as a human right in the international covenant on civil and political right 1966.

Question 5

What is beyond reasonable doubt?

Answer 5

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

Question 6

What is the standard of proof?

Answer 6

The degree or extent to which a case must be proved in court. In Australia it is beyond reasonable doubt.

Question 7

What is the difference between and omission and an act?

Answer 7

Act: a crime committed by doing something eg. stealing/theft
Omission: a crime committed by failing to do something eg. failing to report an infants death

Question 8

What are the two elements of a crime?

Answer 8

Actus Reas: refers to actions that a person needs to engage in to be found guilty of an offence (the guilty act) The nature of the guilty act depends on the nature of the crime.
Mens Rea: the mental element of a crime. Refers to a person’s state of mind when they were engaging in the criminal actions (the guilty mind). The nature of the mental element will depend on the nature of the crime.

Question 9

What is strict liability?

Answer 9

Where culpability or responsibility for committing a crime can be established without having to prove there was a mens rea. eg. traffic offences such as running a red light.

Question 10

What is the age of criminal responsibility?

Answer 10

• A child 9 or under: cannot be charged with a crime as they do not have the ability to distinguish between right or wrong.
• A child 10-13 years: can be charged with a crime if the prosecution proves the child knew his/her actions were wrong at the time of the crime (eg. RP vs The Queen)
• Child 14 years or over: can be charged with a crime.

Question 11

What is the burden of proof?

Answer 11

The burden of proof means the onus (responsibility) is on a specific party to prove the facts of the case. In a criminal case, the burden of proof lies with the prosecution, that the offence (eg) was committed.

Question 12

What is the standard of proof?

Answer 12

The standard of proof is the strength of the evidence needed to prove a legal case. In a criminal case, the standard of proof is beyond reasonable doubt.

Question 13

What is the CSA?

Answer 13

The “Crime Statistics Agency” is an organisation responsible for processing, analysing and publishing crime statistics in Victoria.

Question 14

What are the different division classifications?

Answer 14

• Crimes against the person: homicide, assault, abduction, robbery, blackmail, stalking etc
• Property and deception offences: Arson; Property damage; Burglary/Break and enter; Theft; Deception; Bribery
• Drug offences: Drug dealing and trafficking; Cultivate or manufacture drugs; Drug use and possession; Other drug offences
• Public order and security offences (i.e. maintaining public order and security): Weapons and explosives offences; Disorderly and offensive conduct; Public nuisance offences; Public security offences
• Justice procedures offences (i.e. protecting justice and the rule of law): Justice procedures offences; Breaches of orders.
• Other offences (i.e. protecting rights and cultures, and improving society): Regulatory driving offences; Transport regulation offences; Other government regulatory offences; Miscellaneous offences.

Question 15

What are summary offences?

Answer 15

• minor criminal offences
• heard in Magistrates Court
• magistrate will determine guilty/innocent verdict
• eg. road traffic offences and swearing in public

Question 16

What are indictable offences?

Answer 16

• serious criminal offences
• heard in County or Supreme Court
• heard by judge and jury
• jury will determine whether accused is guilty or not
• eg. murder, rape, arson

Question 17

What are indictable offences heard summarily?

Answer 17

• less serious indictable offences
• heard in magistrates court (if court determines appropriate and accused agrees)
• magistrate will determine guilty/not guilty verdict
• usually heard summarily because quicker, costs less money, and lesser punishment (single offence max 2 years - multiple offences max 5 years)
• eg. criminal damage under $100,000, shoplifting

Question 18

Who is a principal offender?

Answer 18

• a person who has carried out the actus reas (guilty act) and has therefore directly committed the offence.
  eg. a getaway driver and a person who makes an agreement with another to commit a crime.

Question 19

What does a person do to make them involved in a crime?

Answer 19

• intentional assists, encourages, or directs another person to commit a crime
• makes an agreement with another person to commit a crime together
• intentionally assists, encourages, or directs another person to commit a crime knowing it is highly likely that another crime may be the result.

Question 20

What is an accessory to a crime?

Answer 20

• a person who knowingly assists another person who has committed a serious indictable offence.
• this is to assist the person in evading arrest, prosecution or conviction.
• an accessory can be found guilty of an offence regardless of whether the principal offender is also found guilty.