SAC2 revision

• purposes of criminal law

  1. Protect individuals​
  2. Protect property​
  3. Protect rights and values​
  4. Protecting justice ​
  5. Punish wrongdoing​
• the presumption of innocence is the assumption that an accused is innocent until they are proven guilty
• presumption of innocence

  • Right to seek bail​
  • Right to a lawyer​
  • Burden of proof​
  • Standard of proof​
  • Keeping prior convictions out of Court​
  • Right to appeal
• actus reus is the guilty act and physical elements that make up the act of a crime
• mens rea is the guilty mind and the intention or state of mind of the offender at the time of the act
• A strict liability offence is made up of only the actus reus. For example, speeding.
• the burden of proof in a criminal case is the prosecution. It is the prosecution's job to prove the element of the case.
• the age of criminal responsibility in Australia is 10.
• 10,11,12,13 - the assumption is that they do not know the difference between right and wrong = dole incapax
• anyone aged 14 years can be held responsible
• the standard of proof refers to the amount of evidence the prosecution needs to have which is proven beyond a reasonable doubt
• crimes against people involve physical harm against a person such as sexual assault
• crimes against property involve taking or damaging property such as theft
• summary offences are less serious offences that are heard in the Magistrates court and are capped at a maximum term of 2.5 years of imprisonment
• indictable offences are more serious offences that are heard in either the County or Supreme Court with both the judge and jury present
• indictable offences heard summarily are indictable offences heard in the same way summary offences are, in the Magistrates court. Such as theft of something less then $100000
• a principle offender is a person who has carried out the actus reus of the offence. This includes anyone who assists, encourages or directs another person to commit the actus reus.
• an accessory to a crime is a person who assists the principle offender after the crime has been committed. This person must believe or know that the crime has been committed. An example of this is helping something to avoid being arrested
• murder is the unlawful killing of a person with malice aforethought by a person who is of the age of discretion and is of sound mind.
• Actus reus element of murder - need all five to be proven guilty

  1. unlawful killing - no lawful excuse
  2. human - victim needs to be human
  3. causation - the offenders actions that led to the death without a break in the casual chain e.g. environmental disaster - lightning, storm.
  4. age of discretion - offender needs to be aged over 10
  5. sound mind - offender needs to be free of mental impairment
• Mens rea elements of murder - need to be proven guilty

  1. malice aforethought

  • intended to kill
  • intended to seriously injure
  • acted recklessly
• murder statistics and trends

  • 90% of offenders are male
  • 222 homicides in Vic 2023
  • murders decreasing
• impacts of murder

  • offender - legal fees, reputation
  • victim - loss of life, funeral cost
  • community - feeling unsafe, loss of visitors
• defences to murder

  1. self defence

  • was action necessary to protect yourself or others
  • was the force used reasonable to the threat
• defences to murder

  2. mental impairment

  • did not know what they were doing or didn't know their actions were wrong due to mental impairment
• defences to murder


  3. involuntary actions

  • automatism (sleepwalking)
  • intoxication
• defences to murder


  4. duress
• defences to murder 


  5. sudden or extraordinary emergency
• you are guilty of theft if you dishonestly appropriate property belonging to another with the intention of permanently depriving them of it
• actus reus elements of theft

  1. appropriate - took and assumed rights of ownership
  2. property - tangible or intangible (physical)
  3. belonging to another - someone else has rights over
  4. intention to permanently deprive - not give back
• mens rea elements of theft

  1. dishonestly

  • taking property and treating it as your own
  • doesn't count if you tried to find the owners, if you thought you have the original owners consent or if you had the legal right to take the property
• theft statistics and trends

  • 67% of offenders are male
  • 66% of offenders received 2.5 year term of imprisonment
  • main age range of offenders is 24-35 years old
• impact of theft

  • offender - jail time, reputation
  • victim - sentimental loss
  • community - insecurity