AOS 2

• 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
• 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.
• 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
• Burden of proof in a criminal case is the prosecution. It is the prosecution's job to prove the element of the case
• Age of criminal responsibility in Australia is 10.
• 10 - 14 year olds - the assumption is that they do not know the difference between right and wrong = doli incapax
• A person aged 15 years or older is criminally liable
• 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
• indictable offences are more serious offences that are heard in either the County or Supreme Court with both the judge and jury present
• 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 by a person who is of the age of discretion and is of sound mind.
• impacts of murder

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

  Committed act which caused death - actus reus
• Elements of murder


  Act was voluntary - bodily control
• Elements of murder


  Intending to kill or really seriously injure - intentional murder (mens rea)

  OR

  Knew death or really serious injury probable - reckless murder
• Elements of murder

  No lawful justification - no defence
• Elements of manslaughter

  Unlawful act - doing some other crime
• Elements of manslaughter

  Dangerous act
• Elements of manslaughter


  Caused death
• Defences to murder


  Self defence

  1. Subjective element - accused believed at the time their actions were necessary
  2. Objective element - belief was reasonable, actions and force were reasonable
• Defences to murder


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


  Automatism - total loss of control over bodily movements

  • sleepwalking
  • concussions
  • seizure
• Defences to murder


  Duress - strong mental pressure/force for someone to overcome their will and do something

  • threat or harm could have been carried out unless offence was committed
• Defences to murder


  Sudden or extraordinary emergency
• Defences to murder


  Intoxication - drugs alcohol etc

  • accused must prove intoxication not self-induced
• You are guilty of theft if you dishonestly appropriate property belonging to another with the intention of permanently depriving them of it
• Elements of theft


  Appropriated property belonging to another - take from another
• Elements of theft


  Intention to permanently deprive - not give back
• Elements of theft


  Dishonesty - lying

  • 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
• Elements of robbery


  Theft + force - assault/threat
• Elements of burglary


  Theft + Trespass and/or assault
• Purposes of criminal law

  • Establish a code of conduct
  • Resolve disputes when people are harmed