LEGAL STUDIES ASO2

• The purposes of criminal law


  Protect individuals

  Protect property

  Protect society

  Maintain public order and security

  Protects justice and the rule of law

  Protects rights

  Improves society generally
• The purposes of criminal law protect individuals

  Establishes crimes and sanctions for those who commit crimes
• The purposes of criminal law protect property

  Things we own cannot be taken from us or damaged
• The purposes of criminal law protect society

  Allows physical, social and financial aspects of society to function - prohibits activity that is damaging to society
• The purposes of criminal law maintain public order and security


  Sets standards and established boundaries for acceptable behaviour
• The purposes of criminal law protects justice and the rule of law

  Only the state can enforce the law and punish people
• The purposes of criminal law protects rights

  Allows people to engage in cultural activities free from harassment
• The purposes of criminal law improves society generally

  Deters people from committing crimes
• 2 types of crimes

  •Indictable offence

  •Summary offence
• Which type of crime is the more major crimes?

  •Indictable offence
• Where is the indictable offences written?


  The crimes act 1958
• Where are the summary offences written?

  The summary act 1966
• what is •Indictable offences heard summarily

  •some less serious indictable offences can be heard summarily
• why would someone want their indictable offences to be heard summarily?

  The magistrates court can impose a less harsher sanction than the Supreme Court

  its cheaper

  it's quicker
• What must the accused do if they want their indictable crime to be summarily

  consent
• Why might the accuse not want their crime to be heard summarily?

  They believe they can win against the judge and jury of a higher court
• Where are indictable offences heard?

  County or Supreme Court
• Where are the summary offences heard?

  Magistrates Court
• What must the accused me before their indictable crime can be heard summarily

  less or by fine of up to 1200 penalty units

  less than 10 years impriosnment
• what is the presumption of innocence


  •guarantees that a person is considered to be innocent until a charge against them is proved beyond reasonable doubt.
• why is the presumption of innocence important

  protects against wrongful conviction
• how is the presumption of innocence protected

  •burden of proof is on the prosecution

  •case against an accused must be proved beyond reasonable doubt

  •police must have reasonable grounds to arrest a person

  •accused has the right to apply for bail, right to legal representation and the right to silence.
• what is a Strict liability offence

  liability crimes do not involve a guilty mind - the actus reus is enough to establish guilt. Many road safety crimes, such as speeding, are examples of strict liability crimes
• what is the Age of criminal responsibility

  people under 10 cannot be charged with any crime.
• what happens to those who commit crimes who are between 10 and 13

  the prosecution must also prove the child knew their actions were wrong.

  doli incapax
• who are criminally liable for their actions

  Those 14 and over
• what is the burden of proof

  •- this is the party with the responsibility to prove the facts of the case. In a criminal case, it is on the prosecution as it is not up to the accused to prove their innocence. In rare cases, legislation can reverse the burden of proof and place it on the defendant.
• what is the standard of proof

  •this is the strength of evidence needed to prove a case. In a criminal case, it is beyond reasonable doubt which is a very high standard to achieve.
• who are the 2 possible participants in a crime

  •Principal offender

  •Accessory to a crime
• who 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. The Crimes Act provides that you are 'involved' in a crime if you:

  insist, encourage or direct another person to commit the crime; or

  •Make an agreement with another person to commit a crime together

  •You can be guilty of committing the crime even if you were not at the crime scene when it was committed.
• who is the •Accessory to a crime


  •a person who assists a principal offender after the commission of a crime, knowing that the offender has committed a serious crime. The assistance could be trying to stop the offender from being arrested, prosecuted or convicted in relation to the crime.
• defences to a crime

  •Self-defence

  •Mental impairment

  •Duress

  •Sudden or extraordinary emergency

  •Automatism

  •Intoxication

  •Accident
• what are the four elements of murder that the prosecution must prove

  •The killing was unlawful

  •The accused's acts were voluntary

  •The accused committed acts that caused the victim's death

  •The accused acted with intent to kill or cause serious harm
• what is murder?


  the unlawful and intentional killing of a human being by a person who acted voluntarily and without any lawful justification
• what are the defences to murder

  •Self-defence

  •Mental impairment

  •Duress

  •Sudden or extraordinary emergency

  •Automatism

  •Intoxication
• what are the impacts on murder for the victim

  Most of household income

  Funeral costs
• what are the impacts on murder for society

  loss of workplace positivity

  Increase need for police fire and emergency services
• what are the impacts on murder for the offender


  legal cost

  Guilt or shame in causing death

  Custodial sentence
• what are the 3 elements of minor theft

  •The accused appropriated (took) property belonging to another

  •The accused took the property with the intention of permanently depriving the other of it

  •The accused acted dishonestly
• what are the impacts on minor theft for the victim and their family

  causing great distress of having belongings stolen

  increased insurance premiums payable by the victim