Presumption of Innocence

Question 1

Criminal Law

Answer 1

an area of law that defines behaviours & conduct that are prohibited [i.e. crimes] & outlines sanctions [i.e. penalties] for people who commit them

Question 2

Crime

Answer 2

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

Question 3

Victimless Crime

Answer 3

• 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

Question 4

Presumption of Innocence

Answer 4

• the right of a person accused of a crime to be presumed not guilty unless proven otherwise
• ‘Innocent until proven Guilty’

Question 5

Accused

Answer 5

a person charged with a criminal offence

Question 6

Beyond Reasonable Doubt

Answer 6

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

Question 7

Burden of Proof

Answer 7

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]

Question 8

Standard of Proof

Answer 8

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

Question 9

Strict Liability Crime

Answer 9

where culpability or responsibility for committing a crime can be established without having to prove there was ‘mens rea’ [a guilty mind]

Question 10

Mens Rea

Answer 10

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 11

Actus Reus

Answer 11

Latin term meaning ‘a guilty act’ the physical element of a crime [i.e. the act itself]

Question 12

Doli Incapax

Answer 12

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

Question 13

Balance of Probabilities

Answer 13

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.

Question 14

Cyber-Crime

Answer 14

a criminal offence in which the use of computers or information communication technologies [ICT] is an essential & central part of the offending

Question 15

Hate Crime

Answer 15

a criminal offence motivated by hostility & prejudice towards the victim [e.g. because of race, religion, gender, age, sexual orientation]

Question 16

Organised Crime

Answer 16

criminal offences undertaken in a planned & ongoing manner by organised syndicates or gangs

Question 17

Juvenile Crime

Answer 17

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

Question 18

White Collar Crime

Answer 18

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

Question 19

Indictable Crime/Offence

Answer 19

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

Question 20

Summary Crime/Offence

Answer 20

a minor offence generally heard in the Magistrate’s Court of Victoria

Question 21

Indicatable Offence Heard summarily

Answer 21

a serious offence that can be heard & determined as a summary offence if the court & accused agree

Question 22

Principle Offender

Answer 22

a person who has carried out the ‘actus rea’ [guilty act] and has therefore directly committed the offence

Question 23

‘Involved in a crime’

Answer 23

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]

Question 24

Accessory

Answer 24

a person who knowingly assists another person who has committed a serious indictable offence to avoid being apprehended, prosecuted, convicted or punished.

Question 25

Crime Statistics

Answer 25

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.

Question 26

Crime Statistics Agency

Answer 26

• 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

Question 27

Murder

Answer 27

• 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

Question 28

Unlawful Homicide

Answer 28

• 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

Question 29

Malice Aforethought

Answer 29

• the intention to kill or cause serious injury to a person

- the mental element [ i.e. an intention to inflict harm] necessary for murder

Question 30

Causation

Answer 30

• 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

Question 31

Self-Defence

Answer 31

• 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

Question 32

Duress

Answer 32

• 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

Question 33

Sudden or Extraordinary Emergency

Answer 33

• 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

Question 34

Mental Impairment Defence

Answer 34

• 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

Question 35

Automatism

Answer 35

• 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]

Question 36

Accident [defence]

Answer 36

• {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

Question 37

Intoxication [defence]

Answer 37

• 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

Question 38

Provocation

Answer 38

the act of murder was committed under provocation from the deceased, in terms of words or actions towards the accused

Question 39

Defensive Homicide

Answer 39

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.

Question 40

Sentencing Advisory Council

Answer 40

an independent statutory body established under amendments to the Sentencing Act 1991

Question 41

Victim Impact Statement

Answer 41

• 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