An area of law that aims to protect society by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct

An act or omission that violates an existing law , causes harm to an individual, or society as whole, and is punishable by law.

The body of the law that comprises laws made by parliament, also known as legislation.

body of law developed through the judicial system (the courts), based on decisions in past cases

A penalty imposed by a court on an offender when they plead guilty or are found guilty of an offence

A minor criminal offence, usually heard in the Magistrates court without a jury. Summary offences Act 1966 (Vic). Hearing

A criminal offence serious in nature and generally heard by a judge and jury in the county or supreme court. Crimes Act 1958 (Vic). Trial

Indictable offences heard summarily

A subset of indictable offences that can be heard in the Magistrates Court in a similar manner to a summary offence. No jury. Criminal procedure Act 2009 (Vic). Hearing

The responsibility of a party to prove the facts of a case. In criminal law the prosecution has the burden of proof, meaning the onus is on them to prove the facts and charges against the accused. self defence raised- burden of proof reversed to accused

The degree to which the facts of the case must be proven in court. In criminal proceedings the burden of proof is beyond reasonable doubt, meaning the judge or jury must have no reasonabledoubt, based on the evidence presented, that the accused is guilty

Presumption of innocence

The right for all accused persons to be presume innocent until proven guilty beyond reasonable doubt. (The right to silence, bail, appeals and prior convictions not be revealed until sentencing)

Rights of the accused

As outlined in the Charter of Human Rights and Responsibilities Act 2006 (Vic), which influences laws for the accused to be guaranteed certain rights. (right to silence, right to trial without unreasonable delay, right to trial by jury)

The right to be tried without unreasonable delay

An entitlement accused people possess to have their case heard in a timely manner unless the court considers delays to the trial to be reasonable ( length of delay, number of offences committed, complexity of case, reasons for delay)

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LEGAL CHP 1

Question	Answer
Criminal law	An area of law that aims to protect society by defining prohibited behaviours and outlining sanctions for those who participate in illegal conduct
Crime	An act or omission that violates an existing law , causes harm to an individual, or society as whole, and is punishable by law.
Statute law	The body of the law that comprises laws made by parliament, also known as legislation.
Common law	body of law developed through the judicial system (the courts), based on decisions in past cases
sanction	A penalty imposed by a court on an offender when they plead guilty or are found guilty of an offence
Summary offence	A minor criminal offence, usually heard in the Magistrates court without a jury. Summary offences Act 1966 (Vic). Hearing
Indictable offence	A criminal offence serious in nature and generally heard by a judge and jury in the county or supreme court. Crimes Act 1958 (Vic). Trial
Indictable offences heard summarily	A subset of indictable offences that can be heard in the Magistrates Court in a similar manner to a summary offence. No jury. Criminal procedure Act 2009 (Vic). Hearing
Burden of Proof	The responsibility of a party to prove the facts of a case. In criminal law the prosecution has the burden of proof, meaning the onus is on them to prove the facts and charges against the accused. self defence raised- burden of proof reversed to accused
Standard of proof	The degree to which the facts of the case must be proven in court. In criminal proceedings the burden of proof is beyond reasonable doubt, meaning the judge or jury must have no reasonabledoubt, based on the evidence presented, that the accused is guilty
Presumption of innocence	The right for all accused persons to be presume innocent until proven guilty beyond reasonable doubt. (The right to silence, bail, appeals and prior convictions not be revealed until sentencing)
Rights of the accused	As outlined in the Charter of Human Rights and Responsibilities Act 2006 (Vic), which influences laws for the accused to be guaranteed certain rights. (right to silence, right to trial without unreasonable delay, right to trial by jury)
The right to be tried without unreasonable delay	An entitlement accused people possess to have their case heard in a timely manner unless the court considers delays to the trial to be reasonable ( length of delay, number of offences committed, complexity of case, reasons for delay)

Created by: kelllyy

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