Principles Of Criminal Liability Flashcards
Presumption of innocence plus the rules of natural justice
A person is presumed to be innocent until he or she is proved to be guilty. Everyone is entitled to be treated as innocent. The burden is placed on the prosecution to prove guilt and a person cannot be found guilty of a crime until there is sufficient evidence to prove that the person committed the crime beyond reasonable doubt.
This protects individuals from being wrongly arrested and treated as if they are guilty and is consistent with the rules of natural justice. Under the rules of natural justice, everyone is given a reasonable opportunity to put forward their case and be heard by an unbiased, independent decision- maker.
Burden of proof
The responsibility of proving an action usually lies with the person who initiates the action.(prosecution)
Standard of proof
In criminal trials the prosecution must prove that the alleged offender is guilty of a crime beyond reasonable doubt. This is known as the standard of proof. If there is any reasonable doubt as to the guilt of the accused, then the verdict should be not guilty.
Elements of a crime
It is a crime to steal someone’s property. It would not, however, be a crime if a person forgot to return someone’s property and there was no intention to keep it. In this instance there would be the guilty act (actus reus) of keeping someone’s property, but the guilty mind (mens rea) would not exist because there was no intention to keep it.
In some instances a person cannot form the intention to commit a crime for some reason such as they are in a deep sleep when the crime is committed or they are mentally incapable
Age of criminal responsibility
It is presumed that a child under the age of 10 years cannot form the intention to commit a crime. A child less than 10 years cannot, therefore, be charged with committing a crime.
It is also assumed that a child between the ages of 10 and 14 is mentally incapable of committing a crime. This is known as the legal principle of doli incapax. This principle can be overturned if it can be shown that the child had a mischievous disposition and knowledge that he or she was doing wrong.
Participants in a crime
A person or offender who has been accused of a crime is referred to as the accused. The person proving the case on behalf of the state is the prosecution.
Under sections 323 and 324 of the Crimes Act 1958 (Vic.) anyone who aids, abets, counsels or organises an indictable or a summary offence is to be treated as if he or she was the main offender
Accessory to a crime
A person can be found guilty of the offence of being an accessory to a crime (provided the crime is one for which the sentence would be more than five years). An accessory to a crime is any person who knowingly obstructs the apprehension, prosecution, conviction or punishment of the main offender of a crime, even though they believe the person is guilty of the offence or some other serious criminal offence.
Jury system in,curing unanimous verdict, majority verdict and hung jury
In the Magistrates’ Court, a magistrate decides on the verdict. In the County Court and Supreme Court, a jury of 12 will make this decision and then the judge will sentence the offender if required.
The jury must first attempt to reach a unanimous verdict. If this is not possible, a majority verdict consisting of 11 out of 12 is acceptable (or 10 out of 11, if only 11 jurors remain) for criminal offences other than murder, treason, trafficking or cultivating a large commercial quantity of drugs or narcotic plants and Commonwealth offences (for which only a unanimous verdict will be accepted).
If a unanimous decision or majority verdict cannot be reached in a trial before a judge and jury, the jury is said to be a hung jury. If there is a hung jury, the accused is free to go, but the Office of Public Prosecutions (OPP) can decide at a later date to bring the accused to trial again.
Beyond reasonable doubt
It is not possible for a juror or magistrate to be absolutely certain because he or she was not there when the crime was committed, but they must be as sure as rationally possible. Reasonable in this instance is what the average person in the street would believe to be the case; that is, when the evidence is looked at in a logical and practical manner.
Reversal of the onus of proof
In some instances the onus of proof is reversed and the accused has to prove that he or she did not commit the crime. For example, anyone carrying a knife or other controlled weapon without excuse in a police-designated public area, such as a train station, may have to prove that they did not intend to use the knife as a weapon.
Strict liability crimes
Some crimes are strict liability crimes. This means that there is no necessity to prove intention to commit the crime (a guilty mind) for a person to be found guilty. It is sufficient for the person to have committed the act which is against the law. Strict liability crimes include:
• traffic offences
• serving liquor to under-age persons.
3 types of crimes
• Summary offences are minor criminal offences that are heard in the Magistrates’ Court.
• Indictable offences are more serious criminal offences that can be heard before a judge and jury. • Indictable offences heard summarily are indictable offences that can be heard in the
Magistrates’ Court as if they were summary offences.
The need for criminal law
Criminal law is used to clarify the types of behaviour deemed criminal by society and the different types of crimes such as murder and theft. It also provides a range of punishments that fit the crimes. In this way people are deterred from committing a crime that would harm individuals and society as a whole. Society is protected and individuals can feel safe to walk the streets.
For society to keep functioning we need laws that clearly spell out what is acceptable behaviour and what is not. If there were no criminal law then individuals would not feel safe because there would be no guidelines of what is acceptable behaviour. There would be chaos. People could take someone’s property and there would be no punishment.
Definition of a crime
A crime can be described as an act or omission that is against an existing law, harmful to an individual or society as a whole and punishable by law.
Against an existing law
For a crime to be committed, the act or omission must be against an existing law.
