presumption of innocence key terms Flashcards
accessory
a person who knowingly assists another person who has committed a serious indictable offence to avoid being apprehended prosecuted or, convicted or punished
accused
a person charged with a criminal offence
balance of probabilities
the standard of proof is in civil disputes. This requires the plaintiff to establish that it is more probable than not t that their version of the facts is correct
actus reus
a latin term meaning ‘a guilty act’ the physical element of a crime.
beyond reasonable doubt
the standard of proof in criminal cases. this requires the prosecution to prove there is no reasonable doubt that the accused committed the crime
burden of proof
the obligation of a party to prove a case. the burden of proof usually rests with the party who initaies the action. (plantiff-civil prosecution-criminal)
common law
law made by judges through decisions made in cases
crime
an act or omission that is against an existing law, harmful to an individual or society as a whole and punishable by law
criminal law
an area of law that defines behaviours and conduct that are prohibited and outlines sanctions for people who commit them.
indictable offence
a serious offence generally heard before a judge and a jury in the County court of supreme court of Victoria
presumption of innocence
the right of a person accused of a crime to be presumed not guilty unless proven otherwise
jury
an independent group of people chosen at random to decide on the evidence of a legal case and reach a verdict
principal offender
a person who has carried out the guilty act and has therefore directly commited the offence
standard of proof
the degree to the extent to which a case must be proved in court
strict liability
crimes that have no mental element in there definition, therefore the prosecution only has to prove that the act was committed. (often summary crimes eg, selling alcohol to minors)
mens rea
the persons state of mind when performing the actus reus. they need to have acted intentionally, recklessly or negligently.
offence division a
crimes against the person (homicide, assault stalking)
offence division b
property and deception crimes( theft burglary arson)
offence division c
drug offences
offence division d
public order and security offences (public nuisance disorderly and offensive conduct)
offence division e
justice procedure offences
offence division f
other offences (driving offences
hate crimes
a criminal offence motivated by hostility and prejudice towards a victim (eg. because of there religion or race)
cyber-crime
a criminal offence in which the use of computers or information communications technologies is an essential and central part of the offending
possible participants to a crime
principal offender, accessory to a crime
principal offender
the person who commits the offence. Any other person involved in a crime is treated by the law as if they commited the crime.
besides directly commiting the crime how can someone be a principal offender
insist, encourage or direct another person to commit the crime or make an agreement with another person to commit
crimes against the person
are acts of omissions that cause or lead to death, danger to life. bodily harm or apprehension to harm. eg, homicide, stalking, assault, rape
crimes against property
include actions that relate to the theft or destruction of someone else’s property. eg. arson, burglary, graffiti
