Understanding Criminal Law

• A crime has three elements: an act or omission against an existing law, harmful to an individual or society, and punishable by law.
• Criminal acts impact beyond the immediate victim, making people feel less safe, compromising enjoyment of public spaces, tying up community resources, and leading to further crimes.
• Victoria Police primarily enforce laws, along with other enforcers such as ticket inspectors and the Environmental Protection Authority.
• Magistrates determine punishment for summary offenses, while judges do so for indictable offenses.

Purposes of Criminal Law

• Protect individuals and property: Prevents harm to people and their property.
• Protect society and public order: Safeguards the physical, social, and financial well-being of society.
• Protect justice and rights: Ensures equal enforcement of the law and protection of basic rights.
• Improve society: Discourages people from committing offenses.

The Presumption of Innocence

• An accused person is treated as innocent until proven guilty.
• The prosecution bears the burden of proof to establish guilt.
• The accused has the right to remain silent and does not have to prove their innocence.
• The jury is instructed not to interpret silence as guilt.
• The accused generally has the right to bail after being arrested.
• Prior convictions of the accused are not disclosed at trial to avoid prejudice.

Definitions

• Accused: A person charged with or on trial for a crime.
• Convicted: Having been declared guilty of a criminal offense by a jury or judge.
• Acquitted: Freeing someone of a criminal charge with a verdict of not guilty.

Key Concepts of Criminal Law

• Elements of a crime: actus reus and mens rea.
• Strict liability.
• The age of criminal responsibility.
• The burden of proof.
• The standard of proof.

Actus Reus and Mens Rea

• Actus Reus: Actions or omissions that constitute a crime, such as failing to stop at the scene of an accident.
• Mens Rea: A person's state of mind or intentions when committing the act or omission.
• Both actus reus and mens rea are usually required for a crime to be proven.

Strict Liability

• Crimes that do not require a mental element (mens rea).
• There is no need to establish intent.

Age of Criminal Responsibility

• The minimum age at which a person can be charged with a crime in Victoria is 10 years old.
• For accused individuals between 10 and 13, the prosecution must further prove guilt.

Burden of Proof

• The responsibility of establishing a case, which lies with the prosecution due to the presumption of innocence.
• There are some exceptions where the burden of proof is placed on the accused (reverse onus).

Standard of Proof

• The level to which the prosecution must prove their case.
• In criminal matters, the standard is beyond reasonable doubt.
• Definition: No other logical conclusion can be drawn from the evidence other than the accused is guilty.

Types of Offenses

• Summary offenses: minor criminal offenses heard in the Magistrate's Court without a jury.
• Indictable offenses: serious criminal offenses tried in the County or Supreme Court with a jury.
• Some indictable offenses can be heard summarily with the consent of the court and prosecution.

Defenses to Murder

• Self-defense: Belief that it was necessary to defend themselves or others from death or serious injury.
• Mental impairment: Accused did not know the nature and quality of their act or that it was wrong.
• Duress: A threat or force that makes someone commit an act.

Defenses

• Self Defence requirements: belief of necessity, reasonable grounds, and reasonable force.
• Mental Impairment requirements: accused did not know the nature/quality of the act or that it was wrong.
• Duress elements: threat of death/serious injury, only way to avoid harm, and reasonable response.
• Sudden or extraordinary emergency elements: belief of emergency involving death/serious injury risk, committing offense was the only reasonable response, and actions were reasonable.

Involuntary Actions

• Intoxication: being drunk or on drugs is generally not a defense.
• Accident: actions were involuntary, unintentional, and reasonably unforeseeable.

Offensive Behaviour

• Overview: antisocial behavior contrary to community expectations, potentially reducing social cohesion.
• Prohibited behaviours include: obscene songs, indecent words/images, profane language, and riotous/offensive conduct.
• Occurs in or near a public place, even on private property if the conduct can be seen or heard from public.
• Examples of general and specific defenses:
  • Mental impairment, e.g., Tourette Syndrome.
  • Sudden emergency, e.g., swearing loudly due to stress.
  • Political or human rights expression.
  • Honest and reasonable mistake.