U1 AOS2 - Crime Flashcards
what are the 4 purposes of criminal law?
- to protect individuals (e.g. laws that make murder, theft, rape, arson, and robberies crimes)
- to protect property (e.g. laws that make stealing and trespassing on other people’s property crimes)
- to protect society (e.g. laws that make drug offences and terrorism offences crimes)
- to promote justice (helps victims of crimes/their family/their friends to receive justice, to enforce the law, to deal with offenders)
what is the presumption of innocence?
a guarantee by the state to its citizens that if they are accused of a crime, they will be treated, as far as possible, as being not guilty until the charge has been proved beyond a reasonable doubt
how is the presumption of innocence protected?
- the burden of proof rests on the prosecution, not the accused
- the standard of proof is beyond a reasonable doubt
- police officers are required to reasonably believe a person has committed a crime before arresting them
- a person who has been arrested has the right to apply for bail
- an accused has the right to legal representation in court
- an accused has the right to silence
- an accused’s previous convictions cannot be revealed in court until the sentencing process begins
- a person who has been convicted of a crime has the right to appeal a wrongful conviction
what are the elements of a crime?
actus reus and mens rea
what is actus reus?
- latin term meaning ‘guilty act’
- the physical element of a crime
- the prosecution must prove the person physically did the wrongful action/inaction
what is mens rea?
- latin term meaning ‘guilty mind’
- the mental element of a crime
- the prosecution must prove that the person knowingly/intentionally committed the wrongful action/inaction
what are strict liability crimes?
crimes that do not have a mental element (crimes where responsibility for committing a crime can be established without having to prove mens rea)
examples of strict liability crimes?
- consuming intoxicating liquor (alcohol) while driving
- fare evasion on public transport
- failing to display ‘p plates’ when driving on a probationary driver’s license
what can the accused argue as a defence when convicted of a strict liability crime?
that the crime was committed due to a reasonable mistake/honest mistake of fact
what is the definition of the age of criminal responsibility?
the minimum age a person must be to be charged with committing a crime
what is the reason for having the age of criminal responsibility?
because people under that age are considered to be too young to form mens rea
what is the age of criminal responsibility in Victoria?
10 years old (recently changed to 12 years old)
can a person between 10-13 years old be charged with a crime?
if the prosecution can prove that the child knew, at the time of the crime, that their actions were wrong
what is doli incapax?
- latin term meaning ‘incapable of evil’
- applies to children between 10-13 years old
- children between 10-13 can be considered doli incapax because they do not have the intellectual or moral capacity to know the difference between right and wrong
what factors decide whether a child between 10 and 13 is doli incapax?
age, upbringing, maturity, prior criminal history, what the child said and did before, during, and after committing the crime
what else is sometimes used to help determine whether a child is doli incapax or not?
medical and psychological assessments
can a person aged 14 years or older be considered criminally liable for their actions?
yes, and they can be charged with committing a crime
what is another name for the burden of proof?
the onus of proof
what is the burden of proof?
the responsibility to prove the allegations made in a case
who holds the burden of proof?
generally the person/party who initiates the case/brings the case to court (in a criminal case, the prosecution holds the burden of proof)
how does the burden of proof uphold the presumption of innocence?
because it requires the prosecution to prove the guilt of the accused rather than the accused having to prove their own innocence
in what circumstances can the burden of proof be reversed?
- in cases where drugs have been found on an accused’s property (the accused is assumed to be guilty of drug possession unless they can prove otherwise)
- in cases where the accused is pleading a certain defence (e.g. mental impairment) they have a responsibility to prove that defence
what is the standard of proof?
the strength of evidence needed to prove a legal case
what is the standard of proof in a criminal case?
the prosecution must prove the accused’s guilt beyond a reasonable doubt
what is a reasonable doubt?
it must be a sensible and realistic doubt, not one that is imaginary, fanciful, or an unrealistic possibility
can the standard of proof be on the balance of probabilities?
no, in a criminal case, the accused can’t be probably/likely guilty, it must be beyond a reasonable doubt
what happens if a person is deemed unfit to stand trial?
they cannot be tried for a criminal offence
what makes a person unfit to stand trial?
if, at the time of their trial, a person is unable to:
- understand the nature of the charges laid against them
- enter a plea
- follow the course of the trial
- instruct their lawyer
what is the difference between being unfit to stand trial and the defence of mental impairment?
mental impairment refers to your state of mind at the time of the offence, whereas being unfit to stand trial refers to your state of mind at the time of the trial
how can a person be deemed unfit to stand trial?
if there is a valid question about the fitness of an accused to stand trial, an investigation will be held before the court, and a jury will determine, on the balance of probabilities, whether or not the accused is unfit to stand trial
what are 3 ways that crimes can be classified?
- according to the social purpose/nature of the offence
- according to the type of offender/victim
- according to the seriousness of the offence
what organisation classifies crimes into 6 broad divisions/categories?
the crime statistics agency
what are the 6 divisions of crime and examples of each?
DIVISION A: crimes against the person (e.g. homicide, assault, stalking, etc.)
DIVISION B: property and deception offences (e.g. arson, property damage, burglary, etc.)
DIVISION C: drug offences (e.g. dealing drugs, trafficking drugs, possessing drugs, etc.)
DIVISION D: public order and security offences (e.g. weapons and explosives offences, terrorism offences, disorderly and offensive conduct, etc.)
DIVISION E: justice procedures offences (e.g. perjury (giving false evidence under oath), contempt of court, etc.)
DIVISION F: other offences (e.g. regulatory driving offences (driving under the influence, dangerous driving, etc.), transport regulation offences (travelling without a valid ticket, etc.) etc.)
what are the 5 ways crimes can be classified according to the type of offender or victim?
- cyber-crime
- hate crime
- organised crime
- juvenile crime
- white-collar crime
what are indictable offences?
serious crimes generally heard and determined in the higher courts (County Court and Supreme Courts) by a judge and a jury
what are summary offences?
minor crimes heard and determined in the Magistrate’s Court by a Magistrate alone
where are indictable offences found?
in the crimes act 1958 (vic)
where are summary offences found?
in the summary offences act 1966 (vic)
what is the maximum penalty for an indictable offence?
life imprisonment for a single charge
what is the maximum penalty for a summary offence?
2 years imprisonment for a single charge, or 5 years for multiple offences, or a fine under 240 penalty units
what are indictable offences heard summarily?
serious offences that are determined in the Magistrate’s Court by a magistrate, without a judge or jury present
what are the restrictions on whether an indictable offence can be heard summarily or not?
- if the indictable offence is punishable by more than 10 years’ imprisonmet or a fine greater than 1200 penalty units, then it cannot be heard summarily
- if the accused does not consent, then it cannot be heard summarily
what are some reasons why an accused may want to have their charges heard summarily?
- quicker + cheaper than a trial
- may receive a lesser punishment (maximum term of imprisonment imposed by a magistrate = 2 years for one offence, 5 years for multiple offences)
where are the indictable offences that can be heard summarily found?
in the criminal procedure act 2009 (vic)
what are examples of indictable offences?
homicide, culpable driving causing death, rape, etc.
what are examples of summary offences?
drink-driving, disorderly conduct, minor assaults, etc.
what are examples of indictable offences that can be heard summarily?
less serious assaults, causing criminal damage of less than $100,000, computer offences such as unauthorised access, etc.
who decides the verdict for a summary offence?
a magistrate
who decides the verdict for an indictable offence?
a jury
who decides the verdict for an indictable offence heard summarily?
a magistrate
what is the final hearing known as in a summary offence case?
a hearing