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CRIMINAL LAW

CRIMINAL LAW. OUTCOME 2 . CRIMINAL LAW . The nature of Criminal Law Offences- Crimes against the person, Crimes against property Defences Excuses Consequences of crime Theories of punishment Sentencing options. CRIMINAL LAW.

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CRIMINAL LAW

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  1. CRIMINAL LAW OUTCOME 2

  2. CRIMINAL LAW • The nature of Criminal Law • Offences- Crimes against the person, Crimes against property • Defences • Excuses • Consequences of crime • Theories of punishment • Sentencing options

  3. CRIMINAL LAW • A crime is an act that is regarded as unacceptable according to the law and is punishable by the state. • A person accused of a crime is refereed to as either the accused or the defendant. • Principle of liability have been established to ensure that everyone has a fair and just hearing.

  4. PRINCIPLES OF CRIMINAL LIABILITY • Age of Criminal responsibility • The presumption of innocence • Burden of Proof • Standard of Proof • Elements of a Crime • What do each of these terms mean?

  5. Age of Criminal responsibility • Under Vic Law, a child under 10 yrs can’t be charged with having committed a criminal offence. • Between 10 and 14yrs, the law assumes a child is mentally incapable of committing a crime but can be charged if the prosecution can prove that the child intended to commit the act “mischievous discretion”. • Children over the age of 14yrs. can be charged the same way adults are charged.

  6. The Presumption of Innocence • Means a person is assumed innocent until proven guilty. • Different in European countries “Inquisitorial system”- responsibility on the accused to answer the victim. • Right to remain silence • It is up to the prosecutor ( the party that presents the case on behalf of the state or the community) to prove this.

  7. Burden of Proof • The burden of proof lies with the prosecution (AKA Crown) • Do not have to provide an alibi. • The defendant does not have to say or prove anything at all, this is all up to the prosecution working on the states behalf to establish a case against the defendant.

  8. Standard of Proof • The standard of proof needed in a criminal trial to establish whether the defendant is guilty is “Beyond reasonable doubt” • If there is some doubt that the defendant may not have committed the crime, he or she must be set free. • However, does not mean they are always innocent. • Jury must arrive at a verdict. • R V Robinson pg 42

  9. Elements of a crime • For a person to be convicted of committing a crime, the prosecution must prove that he/she did commit a wrongful act (actusreus). • The Prosecution must also prove that the accused intended to commit the crime, or at least realise that his/her actions would result in a harm occuring(mensrea) – guilty mind

  10. Strict liability • The prosecution does not have to prove both Actusreus and mensrea .The accused can be found guilty simply because he/she committed the offence is sufficient. • Common in minor offences.

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