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Chapter 2.1
Key Knowledge
Key Skills
Discuss what our society would be like if there were no criminal laws.
What difficulties arise when different states and different countries have
different criminal laws?
2.1 Principles of criminal liability.
Definition; A crime is an unlawful act or omission (failure) to act
that is regarded unacceptable according to the law at the time,
and is punishable by law.
What a crime is can change over time and varies between
cultures
Law makers (parliament and courts) determine what constitutes a
crime
Features of a crime
Four features of a crime
1. The act is against the law - a law exists that prohibits the act
2. The act is immoral - criminal laws are based on the notion of
what society thinks is right or wrong. i.e. theft, murder
3. The act is harmful to society – this can include physical, mental
or financial harm to a victim. It may include a victimless
4. The act is punishable- there is a sanction associated with
committing the crime
Sources of criminal law
1. State Acts of Parliament – State parliaments make laws for their particular state
The Crimes Act 1958- this Act of parliament lists all indictable offences and their
penalties.
Indictable offence is a serious criminal offence which the accused or defendant is
entitled to be tried before a judge and jury. Examples include; murder, rape,
treason, theft.
Summary offence is a minor criminal offence that can be heard in a Magistrates
Court without a jury
Strict liability cases are those that do not require the prosecution
to prove the that the accused intended to commit the offence.
Simply by proving the accused committed the act they will be
found guilty
These offences are less serious offences that occur frequently
Examples include; drink driving, traffic offences, selling
alcohol/cigarettes to minors, work health and safety offences
Age of criminal responsibility
Under 10 years od age
In Victoria a child under the age of 10 cannot be
charged with a criminal offence
It is assumed the child did not understand the consequences of
his/her actions
Between 10-14
The law assumes the child is not mentally capable of committing a
crime but if the prosecution can prove it was intentional, and knew it
was seriously wrong the child can be charged
15 year olds and over
Children over 14 (15 or more) can be charged
as adults
The presumption of innocence
Australia has adopted the British Westminster system which gives
us the presumption of innocence until proven guilty.
The accused therefore has the right to silence and do not have to
prove their innocence.
It is up to the prosecution (party that presents the case on behalf
of the state) to prove the case
In the Inquisitorial systems (used in parts of Europe and Asia) the
accused has to answer to the accusations made against them
Burden of proof
Refers to who has to prove the case to the court
In the Australian Westminster system the burden of proof lies with
the prosecution (Crown)
The defendant does not have to say or prove
anything
The prosecution (the State) has to prove the
case against the defendant
Standard of proof