guilt and liability Flashcards
purpose of criminal law
to protect society as a whole
how purpose of criminal law is achieved
-establishment of the law by parliament and court law
- enforcement of the law by victoria police etc
- deciding who is guilt through the courts
- imposing sanctions on offenders, aim to punish offenders and derer others
purpose of criminal sanctions
criminal law punishes those who have been found guilty of a crime
several purposes of criminal sanctions
- retribution = punish fairly
- deter offenders = individuals and others
- rehabilitation = programs that would alter the behaviour in order to stop reoffending
- denunciation = to denounce the actions of an individual to the communtity
- protecting the community = offender will be removed/restricted to prevent future harm.
burdern of proof
in criminal law, the burden of proof falls upn the prosecution to prove the guilt of the accused
standard of proof
the standard of proof in a criminal trial is beyond reasonable doubt
principal offenders
the individual who commits the crime or any individual who aids, abets, counsels or organises a summary or indictable offence (to be treated as the main offender is)
accessory
any person who knowingly obstructs the process of apprehension, prosecution, conviction or punishment of the main offender of a crime
summary offence
a minor criminal offence heard before a magistrate eg: speeding, offensive behaviour, drink driving
indictable offences heard summarily
serious offences heard before a magistrate court eg: theft under 100k, minor burglary, minor assault (choice of hearing matter in a county court/magistrates court)
indictable offences
the most serious criminal offences such as murder, manslaughter, rape and arson, heard before a jury in the supreme court
classifying murder
nature: a crime against the person, a form of homicide, meaning the unlawful killing of another person
seriousness: murder is the most serious indictable offence and all cases are heard in the supreme court
convincting an accused person
each element of the crime must be proven
common law definition of murder
(R v Doherty, 1887)
- a person of sound memory, at age of discretion, unlwafully kills any reasonable creature under the kings peace with malice aforethought
elements of murder
-the killing was unlawful
- the accused was over the age of dicretion at the time of the offence
- accused was of sound mind
- victim was a human being
- the victims death was caused by the actions of the accused
- malice aforethought was existed
causation - actus reus
- there must be a causal link between the actions of the accused and the death of the victim
- the but for test applies (but for the actions of the accused, would the victim have died)
- intervening acts ,factors that caused the death apart from the accused actions, were not present
malice aforethought - mens rea
prosecution will need to prove that the accused
- intended to kill the victim
- intended to onflict serious injury
- was acting with reckless indifference to whether their actions caused the above
defences to murder
- self defence
- battered spouse syndrome
- mental impairment
- duress
- intoxication
- sudden/extraordinary emergency
- automatism
- accident
- consent
- lack of elements
theft
a crime where the accused dishonestly appropriates the property of another with intention to permanently deprice the victim of the object
elements of theft - dishonesty
knowing there is no legal right to take the property but taking it anyway
elements of theft - appropriation of property
- took the property without owners consent
- must interfere with or assume one or more rights of the owner
elements of theft - in tention to permanently deprive
- accused intends to assume the rights of the owner or not give the item back
defences to theft
- accused never took possesion
- the property wasnt actually property
- the accused didn’t take the property witht the intention of permanently depriving the victim
- belived they had a legal right to the property
manslaughter
a person who has caused the death of another person may be charged with manslaughter opposed to murder if they did not intend to kill or cause serious bodily harm, but their unreasonable or negligent conduct resulted in the death of another
manslaughter elements
- killing occurs without malice aforethought
the accused have: - performed act that could be reasonably be forseen as dangerous
- intentionally caused bodily harm
- was criminally negligent
- failed to act in a situation where they had the duty to do so
shoplifting
-form of theft
- stealing property from a retail store
- can be tried summarily if property taken is under 100k
burglary
- an indicatble offence
- involves unlawfully entering propert with intent to commit theft, assault a person, damage building or property
- with a weapn= aggravated burglary, sanction = 10 years prison
robbery
- an indictable offence
- occurs where a perosn uses force or puts any person in fear that force will be used, the the course of commiting theft
- if using firearm or weapn = increased charge to armed robbery
acts for offences
Crimes act 1958 (Vic)
Summary offences act 1966 (Vic)
