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legal ch 3.3
u3 aos1 criminal justice system
| Term | Definition |
|---|---|
| Summary offences | minor criminal offences generally heard in the MagCourt, less severe sanctions + no judge |
| examples of summary offence | disorderly conduct, drink driving, minor assaults |
| Indictable offences | serious criminal offences heard by a judge in VCC or SupCourt |
| examples of indictable offences | murder, manslaughter, sexual offences, stalking, destruction of evidence |
| Indictable offences heard and determined summarily | heard and determined in MagCourt as if a summary offence, court and accused have to agree, determined by statute |
| Summary offences | minor criminal offences generally heard in the MagCourt, less severe sanctions + no judge |
| examples of summary offence | disorderly conduct, drink driving, minor assaults |
| Indictable offences | serious criminal offences heard by a judge in VCC or SupCourt |
| examples of indictable offences | murder, manslaughter, sexual offences, stalking, destruction of evidence |
| Indictable offences heard and determined summarily | heard and determined in MagCourt as if a summary offence, court and accused have to agree, determined by statute |
| Summary vs indictable, nature of offence | summary - minor, indictable - major |
| Summary vs indictable, courts that hear the case | summary - Mag, indictable - Count, supreme |
| Summary vs indictable, entitlement to a jury trial | summary - no, indictable - if accused pleads not guilty |
| Summary vs indictable, name of final hearing | summary - hearing, indictable - trial |
| Summary vs indictable, how it can be heard | summary - summary offence, indictable - indictable or summary offence |
| The burden of proof | responsibility of a party to prove the facts of a case, aka onus of proof |
| who bears the burden of proof in crim and why | Prosecution, It’s only fair that if you bring the case to court, you should have to prove the accused guilty |
| Evidential burden | responsibility for presenting evidence to suggest a reasonable possibility that the matter results |
| Legal burden | responsibility for satisfying the legal standard of proof requires that the matter exists |
| Reverse onus | if the accused pleads self defence, they bear evidential burden to show it was self-defence |
| Privilege against self-incrimination | a person cannot be compelled to provide documents or answer questions aka the right to silence |
| Legal profession privilege | a lawyer cannot be compelled to testify about their professional communications with a client |
| The Standard of proof | strength of the evidence needed to prove the case |
| what is the standard of proof in crim trial | Beyond reasonable doubt, prosecution has to prove there is no other logical conclusion except that the accused is guilty |
| standard of proof in case of reverse onus | balance of probabilities as You don't have the same facilities as the police to find evidence |
| R v Momcilovic (2010) | M living with partner, partner convicted of trafficking drugs but M says she didn't know. Reverse onus. deemed guilty on balance of probs. Ms M went to High Court to challenge |
| the Presumption of innocence | right of the accused to be presumed guilty unless proven otherwise |
| meaning of presumption | the default mindset walking into the court |
| why is the PoI so important | unfair because accused v the WHOLE government so it’s easy to be steamrolled by the government |
| Common law | law made by judges through previous decisions made it cases |
| How is POI upheld | BOP, SOP, bail, rules of evidence, right to silence |
| bail | release of the accused from custody on the condition they will attend court hearing to answer charges |
| the rules of evidence | can’t include misleading, superficial or illogical evidence |
| Hearsay | witness will be asked to tell the court only what she or he saw or heard, not what someone else told the witness had occurred |
| Strict liability | offences where a mens rea is not required to establish culpability and there is a defence of “honest mistake" |
| examples where strict liability can apply | Possession of drugs with intent to distribute, Driving with intoxicated |
| Absolute liability | Prosecution doesn’t need to prove knowledge/intent and there is no defence of “honest mistake” |
| examples where absolute liability can apply | speeding |
| elements of an offence | actus reus and mens rea |
| Actus reus | the physical action taken by the offender |
| Mens rea | criminal intent “guilty mind” |
| Age of responsibility | due to the mens rea component, if you're too young then you're not capable of understanding the full implications of criminal wrongdoings |
| under age 10 | It is conclusively presumed that a child under the age of 10 years cannot commit an offence |
| bw 10-14 | Between 10 and 14 there is a rebuttable presumption that you are incapable of committing a crime |
| Direct liability | the person who actually commits a crime (actus reus + mens rea) |
| Complicity | other people who are indirectly connected to the crime may be complicit |
| “Involved in commission” | intentionally assists, encourages or directs the commission of the offence |
| examples of involved in commission | E.g. filming a fight or aggravating it |
| Accessory to a crime | a person who does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of the principal offender in indictable offences |
| Sanctions | punishments to offenders from Crimes Act 1958 (Vic) |
| examples of sanctions | fines, community correction, imprisonment |
| prosecution | The party bringing a criminal case to court |
| accused | The person who has been charged with an offence |
| criminal law definition | protects the community by establishing and defining crime |
| offender | person convicted of a crime |
| Orman v The Queen [2019] VSCA 163 (26 July 2019) | Criminal and civil cases arose from the same set of facts! |
| overarching purpose of criminal law | To fairly punish the offender, To deter offenders from reoffending, To rehabilitate offenders, To protect society, To remove offenders from society, To impose society’s retribution on an offender |
| jury in crim trial | 12 people, only for indictable offences, never in the mag court |
| pre trial detention in crim? | Sometimes held on remand, released on bail after checking risk management |
Created by:
pg0612345
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