UNIT 1 - AOS 2 Flashcards
What is criminal law?
A system of law concerned with the punishment of offenders.
What is the purpose of criminal law?
Protect individual Protect Property Protect society Maintain public order and security Protects Justice and the rule of law Protects Rights Improves society generally
What is a criminal act or omission?
An act is doing something (committing the crime)
An omission is failing to do something (not trying to stop the crime)
What does it mean “Against an existing law”?
The act or omission must be prohibited by current law.
How can a crime be harmful to an individual or society?
Harm can be physical, financial and/or psychological.
How is a crime punishable by law?
Victoria Police is the main group enforcing the criminal law by arresting people and collecting evidence used by the prosecution in court cases.
Serious (indictable) offences are tried in the County and Supreme Courts, while minor (summary) offences are tried in the Magistrates’ Court.
What is the Presumption of innocence?
Guarantees that a person is considered innocent until proven a charge against them is proved beyond reasonable doubt.
What is the Burden of proof?
The prosecution is responsible for presenting valid, reliable and sufficient evidence in court to prove the accused is guilty.
What is the standard of proof?
The evidence presented by the prosecution must prove that the accused is guilty beyond a reasonable doubt.
The key concepts of criminal law:
The elements of a crime: actus reus, mens rea Strict liability The age of criminal responsibility The burden of proof The standard of proof
What is actus reus?
A guilty act or omission is the physical act of committing a crime.
What is mens rea?
The state of mind of the accused at the time of the offending.
What is Strict liability?
They are that do not involve a guilty mind – the actus reus is enough to establish guilt.
What is The age of criminal responsibility?
People under 10 cannot be charged with any crime. For those between 10 and 13, the prosecution must also prove the child knew their actions were wrong. Those 14 and over are criminally liable for their actions.
What are some types of crime?
A - Crimes against a person B - Property and deception C - Drug offences D - Public order and security offences E - Justice produce offence F - Other offences
What are indictable offences?
They are serious crimes. They are generally by a judge and a jury in the county/supreme court.
What are summary offences?
They are minor crimes. In the Magistrates court such as drunk driving and minor assaults.
What are indictable offences heard summarily?
Some less indictable offences can be heard summarily (in the Magistrates Court with a jury). The courts and the accused have to agree before it can be heard summarily. Accused people will usually consent as the hearing will be quicker and cheaper and they may get a lesser sanction as there are limits on the maximum prison terms magistrates can impose.
What are the possible participants in a crime?
Principal Offender
Accessory to a Crime
What is the principal offender?
The person who commits the offence. Any other person involved in a crime is also treated by the law as if they committed the crime.
What is an accessory to a crime?
A person who assists a principal offender after the commission of a crime, knowing that the offender has committed the crime.
