Presumption of Innocence Flashcards
Unit 1: AOS2
Criminal Law
an area of law that defines behaviours & conduct that are prohibited [i.e. crimes] & outlines sanctions [i.e. penalties] for people who commit them
Crime
an act or omission that is [1] against an existing law. [2] harmful to an individual or to society as a whole, and [3] punishable by law
Victimless Crime
- an offence that only involves the offender[s] & where no direct harm is suffered by a victim
- also goes against what society considers to be acceptable & can indirectly harm individuals & the wider community
Presumption of Innocence
- the right of a person accused of a crime to be presumed not guilty unless proven otherwise
- ‘Innocent until proven Guilty’
Accused
a person charged with a criminal offence
Beyond Reasonable Doubt
the standard of proof in criminal cases. requires prosecution to prove there is no reasonable doubt that the accused committed the offence.
Burden of Proof
the obligation [i.e. responsibility] of a party to prove a case. usually rests with the party who initiates the action [i.e. the plaintiff in civil disputes & the prosecution in a criminal case]
Standard of Proof
the degree or extent to which a case must be proved in court
Strict Liability Crime
where culpability or responsibility for committing a crime can be established without having to prove there was ‘mens rea’ [a guilty mind]
Mens Rea
Latin term meaning ‘a guilty mind’ the mental element of a crime [[i.e. an awareness of the fact that the conduct is criminal]
Actus Reus
Latin term meaning ‘a guilty act’ the physical element of a crime [i.e. the act itself]
Doli Incapax
Latin term meaning ‘incapable of evil’ the principle that a child aged between 10-13 years in presumed to be incapable of forming ‘mens rea’ [guilty mind] because they do not have the intellectual or moral capacity to know the difference between right & wrong
Balance of Probabilities
the standard of proof in civil disputes requires plaintiff to establish that it is more probable [i.e. likely] that their version of the facts is correct.
Cyber-Crime
a criminal offence in which the use of computers or information communication technologies [ICT] is an essential & central part of the offending
Hate Crime
a criminal offence motivated by hostility & prejudice towards the victim [e.g. because of race, religion, gender, age, sexual orientation]
Organised Crime
criminal offences undertaken in a planned & ongoing manner by organised syndicates or gangs
Juvenile Crime
a criminal offence undertaken by a young person aged between 10-18 years
White Collar Crime
criminal offences undertaken by people who work in government, businesses, or in the corporate world
Indictable Crime/Offence
a serious offence generally heard before a judge & a jury in the County Court or the Supreme Court of Victoria
Summary Crime/Offence
a minor offence generally heard in the Magistrate’s Court of Victoria
Indicatable Offence Heard summarily
a serious offence that can be heard & determined as a summary offence if the court & accused agree
Principle Offender
a person who has carried out the ‘actus rea’ [guilty act] and has therefore directly committed the offence
‘Involved in a crime’
any person who intentionally assists, encourages or directs another person to commit a crime Treated the same as a principle offender [considered as a principle offender]
Accessory
a person who knowingly assists another person who has committed a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished.
Crime Statistics
information [i.e. date] collected by authorities [e.g. the police] & analysed to track the level of crime or offending in the community. Crime statistics also track the types & levels of sentencing given to convicted offenders.
Crime Statistics Agency
- an organisation that classifies crimes according to their social purpose [or nature]
- independent organisation responsible for processing, analysing and publishing Victorian Crime Statistics
- classifies crimes into 6 broad divisions or categories
Murder
- the intentional unlawful killing of another person with malice aforethought by a person who is of the age of discretion and of sound mind
- the most serious homicide offence
Unlawful Homicide
- the killing of another person without legal justification.
- murder, manslaughter, infanticide [i.e. killing a baby], child homicide and culpable driving causing death are unlawful homicide offences
Malice Aforethought
- the intention to kill or cause serious injury to a person
- the mental element [ i.e. an intention to inflict harm] necessary for murder
Causation
- the direct relationship between one event [i.e. Event 1] and another event [i.e. Event 2], where Event 1 was the reason Event 2 happened, and Event 2 would not have happened by itself without Event 1
- prosecution must prove that there was a direct and unbroken casual link between accused actions and the death of the victim
Self-Defence
- accused believed their actions were necessary to protect and defend themselves
- perceived their actions to be a reasonable response in the circumstances
- burden of proof falls on prosecution to prove - beyond reasonable doubt- that the accused did not act in self defence
Duress
- strong mental pressure on someone to overcome their independent will and force them to do something
a threat of harm exists
the threat would have been carried out unless offence was committed
committing the offence was the only way to avoid threatened harm
their conduct was a reasonable response to the threat - burden of proof falls on prosecution to prove - beyond reasonable doubt- that the accused did not act in duress
Sudden or Extraordinary Emergency
- at the time of offence there was:
there was a sudden or extraordinary emergency
their actions were the only reasonable way of dealing with the situation
their actions were a reasonable response to the situation - burden of proof falls on prosecution to prove - beyond reasonable doubt- that the accused did not act in the circumstance of a sudden or extraordinary emergency
Mental Impairment Defence
- a condition of the mind that impacts on a person’s ability to know the nature and quality of their conduct; or that the conduct was wrong
- did not know that:
what they were doing because they had little understanding of the nature and quality of
their actions
their conduct was wrong or could not reason, or think about, their conduct like an
ordinary person - in some cases, court may impose a secure treatment order that allows the accused to be compulsorily detained, and receive treatment, at a mental health service
Automatism
- a state in which a person has a total loss of control over their bodily movements [i.e. is not conscious or not aware of what they are doing], so that they cannot form an intention to commit a crime
while sleeping or sleepwalking
while suffering concussion
during an epileptic seizure
as a result of a medical condition or because of the side effect of the proper use of
medication - burden of proof falls on prosecution to prove - beyond reasonable doubt- that the accused did not act voluntarily [i.e. was aware of their actions when committing the offence]
Accident [defence]
- {exception of strict liability} for an accused to be found guilty of crime, they must have committed the crime with intention
mens rea: must have existed at the time of the offence - prosecution to prove - beyond reasonable doubt- that the actions of the accused were deliberate and intentional
Intoxication [defence]
- they acted involuntarily or without intent due to being in an intoxicated state as a result of consuming alcohol, taking drugs, or ingesting some other substance
- under CRIMES ACT 1958 (VIC) the accused must prove that their state of intoxication was not self-induced
involuntarily or due to fraud, a reasonable mistake, or the proper use of a prescription
or non-prescription medication
Provocation
the act of murder was committed under provocation from the deceased, in terms of words or actions towards the accused
Defensive Homicide
an offence of murder committed in self defence, where the accused had no reasonable grounds for believing it was necessary to kill in self defence.
Sentencing Advisory Council
an independent statutory body established under amendments to the Sentencing Act 1991
Victim Impact Statement
- a statement filed with the court by a victim that is considered by the court when sentencing
- contains particulars of any injury, loss or damages suffered by the victim as a result of the offence
