Criminal Law Flashcards
Purposes of Criminal Law
1) Protect Individuals- From physical psychological and economical harm
2) Protect Society- By defining prohibited behaviours and outlining sanctions to deter people from illegal conduct
3) Protect property
4) protect justice- by providing proper processes to enforce law ( so individuals dont do it themselves)
What is a Crime
A crime is
- An act or omission that violates an existing law
- Causes harm to an individual or society
- is punishable by law
Actus Reus
’ The guilty Act’
physical element of a crim. The prosecution must prove that the accused physically committed the wrongful act.
Mens Rea
’ The Guilty Mind’
The mental element of a crime. Prosecution must prove the accused knowingly, intentionally, Negligently or recklessly committed the crime.
Presumption of Innocence
Right of all accused persons to be considered and treated as innocent until the charge has been proven by the prosecution beyond a reasonable doubt.
Criminal Burden
the responsibility of the Prosecution to prove guilt of the accused.
Standard of Proof
Guilt must be proven beyond a reasonable doubt.
Strict Liability Offences
offences that Do not require mens rea element of a crime to find the accused guilty. The prosecution only needs to prove actus rea. (usually summary)
E.g speeding, not wearing a seatbelt.
Honest and Reasonable Mistake
This defense may be raised if the accused honestly believed certain facts existed at the time of the offence which if true, would mean they were not committing an offence.
Age of Criminal responsibility
The minimum age a person must be to be charges with an offence.
- under 10 cannot be charged with an offence.
- 10-13 doctrine of Doli Incapax applies.
- 14 + can be charged with a crime
Doctrine of Doli Incapax
10-13 is incapable of forming criminal intent (mens rea).
This can only be disproven and not apply if there is evidence that the child was fully aware that their actions were wrong. Proven through police, Medical or psychological reports.
Summary Offences
Summary Offences act (1966) vic
- less serious offences
- Heard in magistrates by a magistrate
-Law enforcement can offer fines or warnings on the spot
( disorderly conduct, Drink driving, Minor assault)
Indictable offence
Crimes Act 1958 (vic)
- More serious offences
- Heard in County or Supreme court.
- Heard by judge and Jury if plead not guilty
(murder, manslaughter)
Indictable heard summarily
Criminal Procedure Act 2009 (vic)
- Some less serious offences can be heard in magistrates court. Including criminal damages less than $100,000 or less serious assault.
Benifits- Faster and cheaper, Max 10 years imprisonment becomes 2 or 5 years
Requirements
- Offence cant be punishable by more than 10 years.
Accused must consent
Court must dee situation appropriate.
Classifying crimes
- Crimes against a person
- Crimes against property
- Drug offences
- Public order and security offences
- Justice procedure offences
- Other offences
Other types of offences
- Cyber crime
- Hate crime
- Organised crime
- Juvenile crime
- White-collar Crime
Principle Offender
Person who commits the offence or is involved in any way.
this includes through intentionally Assisting, Encouraging or directing another to commit and indictable offence. This also includes making an agreement to commit a crime. ( all subject to max penalty of offence)
Accessory
Any person who
- Knows or believes that a person has committed an indictable offence and then acts to prevent arrest, prosecution, conviction, or punishment of that person.
Murder
(Crimes act 1985 (vic))
The unlawful and intentional killing of a human being by a person who acted voluntarily and without lawful justification.
Elements
- killed human, Voluntary, causation, intent or recklessness, unlawful killing.
Death of a human
Victim must be living person, not object, animal or unborn child.
Voluntary act
Accused must have had conscious and deliberate control of their bodily movements when committing the act.
Involuntary = sleepwalking, seizures, involuntarily intoxicated.
Causation
Direct, unbroken casual link between the accused’s actions and the death of a victim.
not the only cause but must:
-be substantial and operating cause of death
- Have made it a natural consequence for the victim to seek excape
intervening acts
Breaks the chain of causation.
Nature- must be spontaneous and unpredictable
Medical- Overwhelmingly bad
Intentional Murder (Malice Aforethought)
-Intent to kill victim
- Or intent to cause grievous bodily harm (including serious injury, unconsciousness ect)
Reckless Murder
Knows that their acts will probably or likely kill or grievously injure somebody, Nevertheless go ahead and act with reckless indifference.
Defences to Murder
- Cast doubt on one of the elements
- Raise Self defence, Duress or Sudden or extraordinary Emergency.
When this happens accused must use evidence to prove defence then prosecution must disprove.
Self Defence
Can raise defence if:
-Believed that their actions were necessary to protect themselves or somebody else from death or grievous bodily harm.
- Perceived their actions to be a reasonable response in the circumstances.
Duress
Can be raise if:
- A threat of death or grievous bodily harm will be carried out unless they commit a crime.
- Committing a crime is the only way to avoid threat.
- Their conduct is a reasonable response to the threat made.
(Doesn’t apply if you chose to going gang ect)
Sudden or Extraordinary emergency
Can be raised if:
- There was a sudden or extraordinary emergency involving death or grievous bodily harm.
- their actions were the only way of dealing with the situation.
- Their conduct was a reasonable response to the situation.
Eg boat scenario
Sanctions for Murder
Crimes Act 1958 (vic)
- Max punishment is life with parole.
- average case will be punished with 25 years or 30 if emergency worker ect
- differs depending on aggrivating and mitigating factors.
Trends for Murder in VIC
General downward trend
- approx 0.8-0.9 murders offences per 100,000
- constant trend
- 2016-2021 ( 97 ppl sentenced for murder)
Trends for Murder in NT
Rising portion of offences to population.
- 1.6- 2.4 ( 2019- 2023) offences per 100,000 ppl.
Could be due to increase in social disadvantage.
Impacts of murder on victims, Family and friends
Loss of life for victim
- Psychological harm for fam and friends.
- Victim may have been main financial provider
- Media scrutiny
Rights= Treated with courtesy, informed, Victim impact statement, seek financial compensation.
Impacts of murder on society
- Erodes public confidence in police gov ect
- Public may feel vulnerable and cautious of where they go and who they interact with.
- Community+ grassroot activism.
- Strain on police and tax payer money.
- Harsher laws passed to avoid murder
Impacts of murder on the accused
- Things like imprisonment
- Legal cost ( defending themselves, loss of income ect)
- Shame, guilt, regret or remorse.
- Long court process
- When imprisoned, Low prospect for rehabilitation
- upon release, Hard to integrate back into society.
Motor Vehicle
A motor a vehicle that is propelled by a motor and is normally used on a highway.
Cars, trucks, buses ect
( not including trains, trams, wheelchairs ect)
Driving
Person has substantial control of the movement and direction of the motor vehicle.
Contested if- vehicle was not fully operational, being towed, or stationary.
Culpable categories
Recklessly- driver is aware there is substantial risk that another person could die or be grievously injured and yet consciously and unjustifiably disregards that risk.
Negligently- fails, to a high degree, to observe the standard of care that a reasonable person would have observed in the same situation. ( driving with fatigue)
Under the influence of drugs/ alcohol- driver is incapable of properly controlling vehicle bc of drugs and alcohol.
Elements of culpable driving
1.) the accused was driving a motor vehicle
2,) driving was culpable
3.) the culpable driving caused the death of another person.
First Nations People
- Lived in AUS 65,000 year bf.
- Constitute 3.8% of population but 1% of VIC.
- From 30 June 2022-2023 Prisoners increased by 7% to 13,852
- Account for 33% of prisoners but only 3.8% of polulation.
FNP disadvantage
- Health, Education, Housing ect
- Occupy more public space due to low socio-economical state and connection to the land
- Increase police surveillance
Cultural difference
Customary for
- elders to be involved in sentencing focused on restoring balance and maintaining and recognise relationships.
Addressing difficulties
- Dedicate funding for IA legal aid to ensure culturally appropriate services
- Develop specialised courts and programs to ensure cultural differences are addressed.
- Competence training for workers
- Develop self determination
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