Introduction to Criminal Law

• Lesson 1 introduces criminal law.
• The objectives of the lesson are to learn general principles and basic concepts of criminal law and discuss an overview of criminal law topics.

Introduction to Criminal Law

• Crime is prevalent and students are generally familiar with offences.
• Legal principles derived from legislation and case law should be the focus.
• Conceptions of crime can differ from its actual elements.
• Criminal liability can be imposed in many instances.
• Modern criminal law lacks a universal definition for crime.
• The definition of crime can change from social and political influences.
• It is important to differentiate between criminal and civil wrongs.
• The subject aims to explain criminal liability and give an understanding of its nature.
• Many offences will be discussed including wilful murder, murder, assault, fraud, sexual offenses, and property offenses.
• A comprehensive definition of all criminal offences is not possible because each has specific elements.
• Establishing liability depends on three things:
• Defendant's responsibility for the conduct (actus reus).
• Defendant's state of mind (mens rea).
• Whether a relevant defence exists.

Basic Concepts

• Understanding certain words, phrases, and concepts is important for students early in the course.

What is an Offence

• Offences are defined by written law.
• An offence is an act or omission that can make a person liable to imprisonment: Criminal Code, s 2.
• Criminal Code, s 2 and The Constitution, Section 37(2), the Constitution requires offenses to be defined and penalties prescribed by written law
• Papua New Guinea does not recognize common law or unwritten offenses.
• No act is a crime unless stated by a statute.

Protection of the Law

• Every person has a right to full protection of the law, especially when charged with offenses.
• Nobody can be convicted of an offence not defined and penalized by written law, except in cases of contempt of court.

Concepts Continued

• Criminal law defines criminal offenses.
• Criminal law regulates the apprehension, charging, and trial of suspected persons.
• Criminal law fixes penalties and modes of treatment for convicted offenders.
• The Constitution provides that every person charged with an offense is presumed innocent until proven guilty.
• Criminal statutes should not be applied retroactively.
• Laws do not apply to actions taken before law is enacted.

Criminal and Civil Law

• Criminal law deals with behavior construed as an offense against the public, society, or the state, such as murder, assault, theft, and drunken driving.
• Civil law addresses behavior that injures an individual or private party, such as defamation, breach of contract, negligence, and property damage.

Categories of Offenses

• There are four categories of criminal offenses in Papua New Guinea:
• Indictable offences, or crimes/misdemeanours in the Criminal Code, tried in the National Court, and punishable by imprisonment for more than 12 months, are declared indictable: Interpretation Act, s 21.
• Approximately 80 indictable offenses may be tried summarily by a Principal Magistrate, as found in s 420 and Sch 2 of the Criminal Code, under Pt VII of the District Courts Act (DCA).
• Summary offences, or simple offences in the Criminal Code, under the Summary Offences Act and other legislation, tried in the District Court, are those not indictable offenses punishable on summary conviction: Interpretation Act, s 22.
• Magistrates have the power under s 425 of the Criminal Code to abstain from dealing with certain summary offences relating to property.

Criminal Jurisdiction of the Village Court

• Offences defined in reg 3 of the Village Court Regulations, under s 41 of the Village Courts Act (VCA), which affect village life may be tried in the Village Court.