Understanding Criminal Law

Criminal Law Definition

• Criminal law defines prohibited behaviors and conduct
• Criminal law outlines sanctions for individuals who commit crimes

Crime Defined

• A crime involves an act or omission violating existing law
• Crimes cause harm to individuals or society
• Crimes are punishable by law

Sanction

• Sanction is a penalty imposed by a court

Act

• Act constitutes a crime through ‘doing something’
• Examples include: murder, theft, and carjacking

Omission

• Omission constitutes a crime through ‘not doing something'
• Examples include: failure to report a birth or suspected abuse by a teacher

Elements of a Crime

• The presence of current law prohibiting the act or omission is necessary
• The act or omission must be harmful to an individual or society
• The action must be punishable by law

Victorian Law Enforcement

• Victoria Police enforce criminal law
• They hear different types of crimes like summary or indictable

Purposes of Criminal Law

• Protect individuals by establishing crimes
• Protect private and public property, including land, environment, and personal goods
• Protect the community by setting standards
• Promotes justice by enforcing laws.

Criminal Law Examples

• Rules against murder, theft, rape, arson, and robbery protect individuals
• Laws against trespassing or unauthorized property use protect property
• Rules against drug and terrorism offenses protect society
• Variety of courts promote justice by hearing cases

Presumption of Innocence

• Anyone accused of crime is presumed innocent until proven otherwise
• The accused does not have to prove their innocence
• The prosecution must prove the accused is guilty beyond reasonable doubt

Reasonable Doubt

• The jury must be sure that the accused is guilty
• There should be no reasonable doubt that the accused committed the crime
• Not guilty does not mean innocent, just means there was not enough evidence

Legal Process Considerations

• Age does not have to be not proven in criminal cases to establish innocence
• The burden of proof falls on the prosecution
• The accused has the right to remain silent
• The accused may provide evidence against their guilt, such as an alibi

Actus Reus

• Latin term for a wrongful guilty act or physical element of a crime

Mens Rea

• Latin phrase referring to a guilty mind
• It is the mental element, referring to the offender's state of mind

Establishing Guilt

• The prosecution must prove intentional or knowing commission of the crime
• Examples include intent, knowledge, malice, recklessness, negligence, or willfulness.
• Defenses often revolve around lacking men's rea

Mens Rea Exceptions

• The law states that in several circumstances forming a Mens rea is not possible
• There are circumstances where Mens rea is not possible
• An accidental injury during an epileptic seizure is an example
• Having been below a certain age can serve as a reason

Strict Liability Crimes

• More crimes require both actus reus and Mens rea
• Strict liability crimes do not require a mental element
• They only need actus reus to be found guilty
• Having no intention of harm is not a valid defence
• Examples include drinking while driving or being drunk in public

Age of Criminal Responsibility

• It is the minimum age a person can be charged with a crime

Victorian Age of Responsibility

• The age of criminal responsibility is soon to be 12 years old
• Children under 12 cannot be charged with a crime
• Children under 10 are considered too young to form intent

Accountability By Age

• Under 12s cannot be charged with most crimes.
• 12-13-year-olds can be charged if the prosecution proves awareness of wrongdoing
• Over 14s are fully liable and can be charged.

Doli Incapax

• Latin for "incapable of evil," referring to children under 12 who cannot form mens rea
• For children aged 12-13, the court must assess doli incapax

Burden of Proof

• Burden of proof refers to the party responsible for proving the facts of the case

Standard of Proof

• The standard of proof is the strength of evidence needed to prove a legal case
• The accused must be guilty beyond reasonable doubt
• Any doubt results in a not guilty verdict

Principal Offender

• Principal offender is the person who carries out the actus reus

Accessory to a crime

• Accessory to a crime is a person assists a principle offender

Cybercrime

• It involves computer or communication technologies
• Example: Computer hacking

Prejudice crime

• It is motivated by intolerance and bias towards the victim
• Also known as a hate crime

Organisation crime

• It is undertaken in a planned or ongoing manner by organized syndicates or gangs
• Examples include drug manufacturing or trafficking, money laundering, sale of illegal and firearms

Juvenile crime

• It is undertaken by a young person age between 10 and 18

White collar crime

• It is undertaken by people who work in government in businesses or in corporate world
• Examples include theft, fraud, tax evasion and investment scams

Summary Offences

• These are minor offences usually heard in the Magistrates Court
• Most crimes committed in VIctoria are summary offences
• Being heard summarily means it is without a jury
• They are determined by a magistrate decides the sanction

Indictable Offences

• These are serious crimes usually heard in the County Court or Supreme Court
• The matter goes to trial if the accused pleads not guilty
• Trial matters are heard by a judge and jury
• The jury determines the verdict, and the judge determines the sanction
• Examples include murder, trafficking and sexual offences

Indictable offences heard summarily

• Some inductive offences can be heard summarily in the Magistrates Court without a jury
• It is appropriate when the court must agree
• Offences are less serious in nature
• The accused must agree to have the matter determined summarily
• The magistrate determines the verdict
• Example: shoplifting

Assault

• Assault refers to the intentional or reckless use of force or threat of force
• Intentional means something is deliberate not accidental
• Reckless acting/not acting with conscious awareness of potential harm that is likely to be suffered

Elements of Assault

• The accused applied force or threatened to apply force
• The application or threat of force was intentional or reckless
• The excuse must have no lawful justification

Defences to Assault

• Mental impairment is a condition of the mind
• Duress is strong mental pressure on someone to do something
• Automatism is total loss of control over bodily movements
• Intoxication is acting involuntarily due to drugs or alcohol

Impacts of Offences

• The offender may have physical injury or guild and shame
• The victim may have physical injury or a lost of community of law
• Impacts on society may be emergency services overload or decreased trust in legal system

Murder

• The unlawful and intentional killing of a human being by a person who acted voluntary and without and lawful justification
• Examples: manslaughter, infanticide, child homicide, homicide by a firearm

Elements of Murder

• Elements of murder include: unlawful killing, voluntary acts, causation of death, and intent

Possible Sanctions

• The most common is life imprisonment

Possible Defences to Murder

• Self-defence is actions belief in their own safety
• Duress is a serious threat of harm
• Sudden or extraordinary emergency is a situation that involves risk of death

Number of offenders sentences for murder in Victoria

• Between 2017-2020, the numbers were 24-27
• 2020-2021, the number dropped significantly to 9
• In 2021-2022, there was a slight increase to 12

Number of recorded murder offences in the Northern Territory

• Between 2019-2020, the rate was 4
• Between 2021-2022, the rate rose to 5
• In 2023 there was a consistant value rise to 6

Recent Murder Case Summary

• In Ipswich, Queensland, a 28-year-old mother of two was stabbed to death
• Her partner was charged with murder after a police pursuit
• According to detective Garry Watts, the relationship was domestic violence related