Legal studies Murder

• Crime


  • Act or omission against an existing law
  • Harmful to an individual or society
  • Punishable by laws
• A's values change over time, what is considered to be a crime and how it is punished also may change. Similarly as values differ in different countries, what is a crime or how a crime is punished in one country may be different to other countries.
• Criminal Law


  An area of laws that aims to protect society from harm by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct
• Purposes of criminal law

  • Protection of society
  • Deterrence of crime
  • Protect justice and rules of law
  • Set minimum standards of behaviour
• Protection of society


  Aims to reduce danger and chaos in society and prevent individuals from experiencing harm
• Deterrence of crime


  The act of discouraging an offender, or other individuals from reoffering or committing similar crimes, through the imposition of a criminal sanction
• Presumption of innocence


  The right for all accused persons to be assumed innocent until it is proven otherwise beyond reasonable doubt
• Presumption of innocence is a common law principle established in 18th Century England and codified in Victoria through the Charter of Human Rights and Responsibilities Act 2006 (Vic)
• Impact of presumption of innocence on police investigations

  • Attempts to address any power imbalances by limiting police powers during the investigation process
  • Police officers need a reasonable suspicion that the person has committed a serious offence to collect forensic evidence
  • Must inform the suspect of the offence that they believed to have committed
• Features and principles that uphold the presumption of innocence

  • Bail
  • Right to seek legal representation
  • Prosecution must have substantial evidence
  • Prior convictions not revealed during the trial
  • Presumption of innocence explained to the jury
  • Responsibilities of the prosecution
• As parliament is the supreme law-maker, it can pass legislation that operates in a way that is contrary to the presumption of innocence
• Actus reus


  A Latin term meaning 'guilty act' that forms the physical element of a crime
• Mens rea


  A Latin term meaning 'guilty mind' that forms the mental element of a crime
• According to the general principle in criminal law, both the actus reus and mens rea elements of a crime must be present at the same time for a crime to be committed
• Strict liability


  Offences that do not require the mens rea element of a crime to be satisfied in order to find the accused guilty
• Examples of strict liability offences

  • Speeding or running a red light
  • Serving an underage person alcohol at a licensed venue
  • Not wearing a seatbelt
  • Public transport fare evasion
• Age of criminal responsibility


  The age at which people are charged for criminal offences
• Age of criminal responsibility

  • Under 10 - Cannot be arrested, charged, or found guilty of a criminal offence
  • 10-13 - Must prove the child understands the act was a crime and their behaviour was wrong
  • Over 13 - Can still be charged with a criminal offence and have the matter dealt with in the Children's Court or Supreme Court trial division if serious
• Types of crimes


  • Crimes against the person
  • Crimes against property
  • Cyber crime
• Indictable offences


  Serious criminal offences that are heard by a judge and jury in the County or Supreme Court, with sanctions usually more severe than summary offences
• Summary offences


  Minor criminal offences usually heard in the Magistrates Court
• Principal offender


  The individual who actually commits the offence and/or is directly involved in the commission of the offence
• Accessory


  Any person who knows or believes that a person is guilty of a serious indictable offence and acts to prevent the arrest, prosecution, conviction or punishment of that person
• Murder


  The action of intentionally or recklessly causing death
• Elements of murder


  • The killing was unlawful
  • The victim was a human being
  • The acts of the accused caused the victim's death
  • The accused was over the age of discretion
  • The accused was of sound mind
  • There was malice aforethought
• Defences to murder


  • Mental impairment impacts the ability to form the intention to commit murder
  • Automatism - the accused has total lack of control over their actions
  • Intoxication - the killing was a result of involuntary intoxication
  • Accident - the killing was involuntary, unintentional or reasonably unforeseeable by an ordinary person
• Victim Impact Statement


  Offers a chance for victims to express how they have been affected by the crime
• Impacts of murder on society


  • Economic - hospital needs more funding, high crime rates lead to negative reputation and worse outcomes for business
  • Social - increased workload for police officers and hospital staff
  • Legal - government passes harsher laws, court system overburdened
  • Political - domestic violence reform
  • Health - PTSD, anxiety, other mental health challenges
• Benefits of a guilty plea


  1. Prosecution does not have to prove the guilt of the accused

  2. Society saves costs and time involved in conducting a trial

  3. Victims avoid the stress and trauma involved in participating in a criminal trial

  4. Accused avoids the stress, time and costs associated with participation in a criminal trial

  5. Courts' workloads are reduced, minimising delays in other criminal matters that go to trial
• Page


  296.24
• Victim Impact Statement (VIS)

  Written or verbal statement made to the court about the effect of an offence upon the victim
• Victim Impact Statement (VIS)

  • Can inform an offender's sentencing
  • Can impact a judge's decision