UNIT 1 LEGAL

• Cohesive society

  Where individuals work together to ensure the safety and wellbeing of all members
• Role of individuals

  To be aware of and abide by the laws

  • Respect the rights of other individuals
  • Assist police with investigations
  • Report crimes
  • Use the legal system to resolve disputes
• Role of laws

  To provide guidelines on what is acceptable and unacceptable behaviour

  • Apply equally to everyone regardless of their position in society
  • Protect rights by determining consequences for right infringements
• Role of the legal system

  Aims to deal fairly and justly with individuals that have broken the law or breached someone else's rights

  • Helps to achieve social cohesion by applying and enforcing the law
  • Protects individuals by imposing consequences for law breaches
• Principles of justice

  • Fairness: All people can participate in the justice system and its processes should be impartial and open
  • Equality: All people engaging with the justice system and its processes should be treated in the same way
  • Access: All people should be able to engage with the justice system and its processes on an informed basis
• Characteristics of an effective law

  • Reflect society's values
  • Be enforceable
  • Be known
  • Be clear and understood
  • Be stable
• Statute law


  The law that is made by parliament; an Act of Parliament
• Legislative process

  1. Bill introduced into Parliament

  2. Debated in both houses

  3. Passed to the crown's representative for royal assent

  4. Bill becomes an Act of Parliament
• Federal parliament structure

  • House of Representatives (lower house)
  • Senate/state's house (upper house)
  • Governor General
• State parliament structure

  • Legislative assembly (lower house)
  • Legislative council (upper house)
  • Governor
• Common law or case law

  The ability of the courts to make the law. Courts can make laws through interpreting and applying statutes to cases and creating precedent
• Reasons for the Victorian court hierarchy

  • Specialisation
  • Appeals
  • Administrative convenience
  • Precedent
• Criminal law


  Applies to the community as a whole, the state prosecutes individuals who transgress the laws which the community has agreed to follow.
• Civil law

  Applies to disputes between individual members of the community, individuals attempt to resolve matters when they feel wronged by another, through courts, tribunals or other forms of dispute
• Purposes of criminal law

  • Protecting individuals (e.g putting in laws against murder)
  • Protecting property (e.g theft and trespass laws put in place)
  • Protecting society (e.g drug offences and terrorism laws put in place)
  • Protecting justice (e.g putting in processes to deal with offenders)
• Presumption of innocence

  A person accused of a crime is presumed innocent until proven guilty beyond reasonable doubt
• Ways presumption of innocence is provided for

  • Burden of proof (on the prosecution)
  • Standard of proof (beyond reasonable doubt)
  • Right to silence
• Elements of crime


  • Actus reus (guilty act) The prosecution must prove the person physically did the wrongful act.
  • Mens rea (guilty mind) The prosecution must prove the person knowingly or intentionally committed the wrongful act, so, their state of mind, accused at the time of the offending.
• Strict liability crimes

  Offences that do not require proof of intent (e.g speeding, police need to show you broke the speed limit (actus reus) and it doesn’t matter whether you intended to do so (mens rea)).
• Age of criminal liability

  Minimum age at which you can be convicted of a crime (10 years old in Victoria) so children under 10 can ot committ a criminal offence and be charged for it.
• Burden of proof(onus of proof)

  The prosecution must present evidence to the court and prove the guilt/liability of the accused.
• Standard of proof


  Strength of evidence needed to prove a case (criminal is beyond reasonable doubt)
• Major features of crimes

  • Nature of the offence
  • Type of offender or victim
  • Seriousness of the offence
• Divisions of crime


  • Crimes against the person
  • Crimes against property and deception offences
  • Drug offences
  • Public order and security offences
  • Justice procedures offences
  • Other offences
• Summary offences

  Minor criminal offences heard in the magistrate's court with no jury and can be determined in the accused's absence Maximum imprisonment is 2 years for a single offence and 5 years for multiple offences, other sanctions can also be imposed (CCO’s, etc). E.g traffic offences, public drunkenness, disorderly conduct, etc.
• Indictable offences

  Serious criminal offences heard in the county and supreme courts with a judge and a jury, can not be heard in the absence of the accused . E.g murder, rape, theft, robbery, etc.
• Indictable offences triable summarily

  Serious offences that, with the consent of the accused, can be heard in the magistrates' court E.g theft can be heard summarily if the value of what is stolen doesn’t exceed $100,000. These can be heard summarily on the basis of the accused’s consent.
• Participants in a crime

  • Principal offender
  • Accessory
• Homicide

  The killing of another person without legal justification
• Murder

  The unlawful and intentional killing of a human being It is the most serious homicide offence and has a maximum penalty of life imprisonment.
• Lawful homicide

  The killing of another person with legal justification E.g During war time, by police in act of their duty and assistance for terminally ill patients.
• Manslaughter

  A homicide case where the intention of the accused is not proven to have been to kill or cause grievous bodily harm
• Child homicide

  is when a person, who, by his or her conduct, kills a child who is under the age of 6 years, including circumstances that would normally constitute manslaughter. The maximum penalty is 25 years imprisonment.
• Infanticide

  is if a woman carries out conduct that causes the death of her child in circumstances that would constitute murder AND, at the time her mind was disturbed due to not having recovered from the effect or disorder of giving birth to the child within the preceding 2 years. The maximum penalty is 5 years of imprisonment.
• Elements of murder

  • The killing was unlawful
  • The accused's acts were voluntary
  • The accused committed the acts that caused the victim's death
  • The accused acted with intent to kill or cause serious harm
• Defences to murder and other forms of homicide

  • Self defence
  • Duress
  • Mental Impairment
  • Automatism
  • Sudden or extraordinary emergency
  • Intoxication
  • Accident
  • Unfit to stand trial
  • Factual dispute
• Impacts of murder on victims + Family

  • Loss of life
  • Disruption to family life
  • Funeral costs
  • Loss of household income
  • Loss of trust in order and law and community values
• Impacts of murder on the community

  • Need for corinal services
  • Increased need for emergency services
  • Loss of workplace productivity
  • Potential loss of confidence in the legal system and community values
• Role of police in enforcing Criminal law

  To uphold the law and to promote a safe, secure and orderly society

  
  

  Talking to witnesses and victims

  Questioning suspects

  Examining crime scenes

  Arresting accused persons
• Examples of Delegated bodies that enforce the law

  • The local council given under local government act 1989 VIC and can enforce building permits, rubbish collection, food safety, etc.
  • Environmental Protection Authority (EPA) regulates all things that impact the environment in Victoria, can prosecute offenders for littering, dumping rubbish, polluting rivers, etc.