Principles of Criminal Law

• Criminal law serves multiple purposes, including protecting individuals, safeguarding property, protecting society and promoting justice.
• The presumption of innocence is a critical principle in criminal law.
  • It means a person is considered innocent until proven guilty.
  • It plays a crucial role in upholding justice within the legal system.

Upholding Presumption of Innocence

• The burden of proof rests on the prosecution.
• The standard of proof is beyond a reasonable doubt.
• Police can only arrest someone if there is a reasonable belief a crime has been committed.
• The accused has the right to apply for bail.
• The accused has the right to legal representation.
• The accused has the right to remain silent.
• Previous convictions are not revealed until the trial concludes.
• The accused has the right to appeal a guilty verdict.

Key Concepts of Criminal Law

• Actus reus refers to the physical act of committing a crime, while mens rea refers to the mental intention to commit the crime.
• Strict liability crimes do not require mens rea.
• Doli incapax establishes the age of criminal responsibility.
• The burden of proof in a criminal case lies with the prosecution.
• The standard of proof in a criminal case is beyond a reasonable doubt.

Types of Crimes

• Crimes can be categorized according to the purpose (nature) of the offense or the type of offender/victim.

Examples of Types of Crimes

• Cybercrime involves offenses committed using technology.
• Prejudice-motivated crimes are driven by bias against a particular group.
• Organized crime involves structured criminal enterprises.
• Juvenile crime involves offenses committed by young people.
• White-collar crime involves financially motivated, nonviolent offenses.

Classification According to Seriousness

• Summary offenses are minor crimes.
• Indictable offenses are major crimes.

Distinction Between Summary and Indictable Offences

• Summary offenses are minor offenses heard in the Magistrates Court and are covered by the Summary Offences Act.
• Indictable offenses are major offenses heard in the Supreme Court and are covered by the Crimes Act.

Indictable Offences Heard Summarily

• Indictable offenses heard summarily are major offenses that can be heard in a lower court under specific conditions.
• Two conditions must be met: the court must consider the offence suitable to be heard summarily and the accused must consent.

Possible Participants in a Crime

• A principal offender is the person who directly commits the crime.
• An accessory is someone who assists the principal offender.

Murder (Indictable Offence)

• The elements of murder include the unlawful killing, voluntary acts by the accused, causation, and intent to kill or cause serious harm.
• The maximum sanction for murder is life imprisonment.
• Factors that affect the sentence can vary depending on the circumstances of the crime.

Murder Defenses

• Self-defense involves using reasonable force to protect oneself.
• Mental impairment involves a lack of mental capacity.
• Duress involves being forced to commit a crime against one's will.
• Sudden/extraordinary emergency involves committing a crime due to an immediate threat.
• Automatism involves committing a crime without conscious control.
• Involuntary intoxication involves committing a crime while unknowingly intoxicated.
• Accident involves committing a crime unintentionally.
• Trends and statistics for murder cases vary over time.

Impact of Murder

• The victim's family and friends experience profound grief and loss, often expressed in victim impact statements.
• The community may experience fear, anxiety, and a loss of trust.
• The offender faces severe legal consequences and social stigma.

Assault (Summary Offence)

• The elements of assault include applying force or threatening to apply force, intentional or reckless behavior, and no lawful justification or excuse.

Assault Defenses

• General defenses may apply.
• Specific defenses include consent (partial), lawful arrest, and lawful correction of a child.
• Sanctions for assault can include imprisonment of up to 3 months or a fine of 15 penalty units.
• Factors that affect the sentence can vary depending on the circumstances of the crime.
• Trends and statistics for assault cases vary over time.

Impact of Assault

• The victim, their family, and friends may experience physical and emotional trauma.
• The community may experience fear, anxiety, and a sense of unease.
• The offender may face legal consequences, social stigma, and personal consequences.