Criminal Law and Procedure Basics

Criminal Law and Procedure

Key Concepts

• Actus Reus: The physical act of committing a crime
• Mens Rea: The mental intention or state of mind required to commit a crime
• Causation: The link between the accused's actions and the harm or result

Types of Crimes

• Felony: Serious crimes, punishable by imprisonment (e.g., murder, robbery)
• Misdemeanor: Less serious crimes, punishable by fine or short-term imprisonment (e.g., theft, vandalism)
• Summary Offenses: Minor crimes, tried by a magistrate without a jury (e.g., traffic violations, public disorder)

Criminal Procedure

• Investigation: Gathering evidence and information to build a case
• Arrest: Taking the accused into custody
• Charge: Formal accusation of a crime
• Bail: Release of the accused on condition of appearing in court
• Trial: Presentation of evidence and arguments to a judge and/or jury
• Verdict: Guilty or not guilty decision

Tort Law

Key Concepts

• Damages: Monetary compensation for harm or injury
• Duty of Care: Legal obligation to avoid causing harm to others
• Breach of Duty: Failure to meet the duty of care
• Causation: Link between the breach of duty and the harm or injury
• Remoteness: Limitation on the amount of damages recoverable

Types of Torts

• Intentional Torts: Deliberate actions causing harm (e.g., assault, battery)
• Negligent Torts: Failure to meet the duty of care (e.g., car accidents, medical malpractice)
• Strict Liability Torts: Liability without fault or negligence (e.g., product liability)

Defenses to Torts

• Contributory Negligence: Plaintiff's own negligence contributed to the harm
• Voluntary Assumption of Risk: Plaintiff knowingly accepted the risk of harm
• Exclusion Clauses: Contracts limiting or excluding liability

Criminal Law and Procedure

Key Concepts

• Actus Reus refers to the physical act of committing a crime, which can be an action, omission, or state of affairs
• Mens Rea is the mental intention or state of mind required to commit a crime, which can be intention, recklessness, or negligence
• Causation is the link between the accused's actions and the harm or result, which must be proven in court

Types of Crimes

• Felonies are serious crimes punishable by imprisonment, examples include murder and robbery
• Misdemeanors are less serious crimes punishable by fine or short-term imprisonment, examples include theft and vandalism
• Summary Offenses are minor crimes tried by a magistrate without a jury, examples include traffic violations and public disorder

Criminal Procedure

• Investigation involves gathering evidence and information to build a case against the accused
• Arrest involves taking the accused into custody, which can be with or without a warrant
• Charge is a formal accusation of a crime, which must be read to the accused
• Bail involves releasing the accused on condition of appearing in court, which can be with or without surety
• Trial involves the presentation of evidence and arguments to a judge and/or jury
• Verdict is the guilty or not guilty decision reached by the court

Tort Law

Key Concepts

• Damages are monetary compensation for harm or injury, which can be compensatory or punitive
• Duty of Care is a legal obligation to avoid causing harm to others, which can be owed by individuals or organizations
• Breach of Duty is a failure to meet the duty of care, which can result in harm or injury
• Causation is the link between the breach of duty and the harm or injury, which must be proven in court
• Remoteness is a limitation on the amount of damages recoverable, based on whether the harm was foreseeable

Types of Torts

• Intentional Torts involve deliberate actions causing harm, examples include assault and battery
• Negligent Torts involve a failure to meet the duty of care, examples include car accidents and medical malpractice
• Strict Liability Torts involve liability without fault or negligence, examples include product liability

Defenses to Torts

• Contributory Negligence is a defense where the plaintiff's own negligence contributed to the harm
• Voluntary Assumption of Risk is a defense where the plaintiff knowingly accepted the risk of harm
• Exclusion Clauses are contracts limiting or excluding liability, which can be used as a defense in court

Social Cohesion and Protecting Rights

• Individuals, laws, and the legal system play a crucial role in achieving social cohesion and protecting the rights of individuals.

Principles of Justice

• The principles of justice include fairness, equality, and access.

Characteristics of an Effective Law

• An effective law reflects society's values, is enforceable, known, clear, and understood, and is stable.

Roles of Parliament and Courts

• The parliament and courts have a relationship in law-making, with the parliament creating laws and the courts interpreting them.

Sources of Law

• Common law and statute law are two sources of law.

Victorian Court Hierarchy

• The Victorian court hierarchy includes various levels of courts, with the Supreme Court being the highest.

Types of Law

• There are two main types of law: criminal law and civil law.

Criminal Law

• The purposes of criminal law include punishing, deterring, denouncing, protecting, and rehabilitating.
• Key concepts of criminal law include:
  • The elements of a crime: actus reus and mens rea
  • Strict liability
  • The age of criminal responsibility
  • The burden of proof
  • The standard of proof
• Types of crime include crimes against the person and crimes against property.
• Summary offences and indictable offences are two types of crimes.
• Possible participants in a crime include principal offenders and accessories.
• Examples of criminal offences include:
  • Offence 1:
    • Elements of the offence
    • Possible defences
    • Possible sanctions
    • Trends and statistics in relation to the offence in Victoria and another Australian jurisdiction
    • Possible impact of the offence on individuals and society
  • Offence 2:
    • Elements of the offence
    • Possible defences
    • Possible sanctions
    • Trends and statistics in relation to the offence in Victoria and another Australian jurisdiction
    • Possible impact of the offence on individuals and society

Principles of Justice and the Victorian Criminal Justice System

• The principles of justice include fairness, equality, and access.
• Institutions that enforce criminal law include the police and delegated bodies.
• The balance between institutional powers and individual rights is crucial.
• The Victorian courts have a role in enforcing criminal law.
• The role of the jury in a criminal trial is important.
• Different groups face difficulties in the criminal justice system, including:
  • First Nations people
  • Young people
  • Culturally and linguistically diverse people
  • People with mental health issues
  • People with disabilities

Sentencing

• The purposes of sanctions include punishment, deterrence, denunciation, protection, and rehabilitation.
• Types of sanctions include fines, community correction orders, and imprisonment.
• Factors considered in sentencing include the severity of the crime, the offender's circumstances, and the impact on the victim.
• Alternative approaches to sentencing include the use of the Drug Court, Koori Courts, and diversion programs.
• Sentencing practices vary in different Australian jurisdictions.

Business Owners' Compliance with Trade Practices Legislation

• Business owners must comply with trade practices legislation, such as the Competition and Consumer Act 2010 (Cwlth), when establishing their business.

Prohibited Business Practices

• Cartels: two or more businesses acting together instead of competing, including price-fixing, bid-rigging, market sharing, and output restrictions.
• Misuse of market power: businesses intending to lessen competition in a market, including damaging/eliminating competitors, preventing competition, or impeding new entrants.
• Exclusive dealing: imposing restrictions on a business's freedom to engage with other competitors.
• Resale price maintenance: controlling prices at which retailers sell products.
• Mergers and acquisitions: limiting competition by substantially reducing competitors in the market.

Undesirable Practices

• Misleading/deceptive conduct
• Unconscionable conduct
• Unfair contract terms
• False/misleading representations
• Bait advertising
• Pyramid schemes
• Referral selling

Misleading Behaviour

• Leading consumers to believe something is true when it isn't
• Offering gifts and prizes in connection with the supply of goods and services and then not providing them
• Providing false information about goods, services, or legal rights

Compliance and Legal Sales Practices

• Consequences of engaging in unlawful practices: heavy fines
• Unlawful sales practices: unsolicited consumer agreements and transparent lay-by agreements
• Regulations governing door-to-door sales and protection of consumer rights
• Importance of providing itemized bills and proof of transactions for consumer clarity
• Clear legal title: companies must legally own the products they sell and transfer full ownership to the consumer after buying
• Corresponding to description: goods purchased must match any description, sample, or demonstration model shown
• Acceptable recourse: goods must be of a quality where they are safe, durable, free from defects, and perform as expected
• Fit for purpose: products must be suitable for the intended purpose stated in instructions or advertisements
• Repairs and spare parts: manufacturers and suppliers must make reasonable efforts to provide repairs or spare parts for their products
• Skilled service: services received from businesses should be performed with reasonable care and skill
• Timely service: services should be completed within a reasonable timeframe