Kissing in public is not a crime in Australia,
however in Middle Eastern Countries such
as Saudi Arabia, kissing someone of the
opposite sex in public is considered to be
culturally offensive as well as illegal
Crimes can be different according to the
country, state or region you are in
Features of crime
What constitutes a crime is determined by what the
law makers (parliament and the courts) declare it
to be
A crime is an act or omission (failure to act) that is
unacceptable according to the law at the time, and
punishable by the state authorities
An act I deemed a crime because our community
has declared that the behavior is illegal
Criminal law is therefore concerned with
criminal behavior that is against the law and
harmful to society
A crime, whether an act or
omission, has the
following features
Sources of criminal law
Criminal law in Victoria was originally derived
from the common law (laws made by courts) of
England.
The decisions judges make in courts clarify,
expand on or narrow the scope of existing laws
Types of offences
Indictable offence: is a serious criminal offence
for which the defendant is entitled to have a trial
by judge or jury eg: murder, rape
Summary offence: a minor or less serious crime
that can be heard in a Magistrate’s court without
a jury that are outlined in the Summary Offences
Act 1966 (VIC) the Road Safety Act 1986, and
the Racial and Religious Tolerance Act 2001
Criminal law is also made by the Commonwealth
Parliament – eg: treachery, sabotage and piracy
Elements of a crime
For a person to be convicted of committing a crime, the
prosecution must prove two elements
1.) Actus reus (Latin for guilty act)
2.) Mens rea (Latin for guilty mind)
No matter how much a person thinks about committing a crime,
unless that person acts upon that thought then no crime has
occurred
In law, the same applies for the opposite – even if a crime is
committed, if the person did not intend to do it, then she or he
cannot be convicted of having committed the crime
There are accepted defences that recognise that if a person does
not have a guilty mind, and did not intend to commit a crime, he or
she may be acquitted (being found not guilty)
Strict liability crimes
Some crimes do not require the prosecution to
prove mens rea, all that needs to be shown is actus
reus
These are referred to as strict liability crimes which
means there is no need to prove the accused
intended to commit the offence so they can be
found guilty simply by having committed the crime
Eg- for less serious offences that frequently occur
Ot would be silly to have to prove mens rea every
time someone committed a traffic offence
Age of criminal
responsibility
What age can you be charged with having
committed an offence under Victorian law??
A child under 10 years of age cannot be charged
with havin gcommitted a criminal offence
It is assumed that a child, under the age of 10, does
not understand the consequences of his actions
Between 10 and 14, the law assumes 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, and di so with
“mischievous discretion”-more than just naughty
Children over the age of 14 can be charged as an
adult
The presumption of
innocence
A person is presumed innocent until proven guilty
This applies in all common law countries (adapted
from English legal system)
This is different from the European Inquisitorial
system, where the accused must prove that they are
not guilty
Burden and standard of
proof
We already know this!
This refers to who has to prove the case
In our legal system this lies with the prosecution
often referred to as the crown
Standard of proof to establish guilt in a defendant
is beyond reasonable doubt
It is interesting that a verdict of “not guilty” need
not necessarily mean “innocent” – it may just mean
that there was reasonable doubt
Participants in a crime
The three main participants in a crime are:
Principal offender: the person who actually commits
the crime.
Abettor: is a person who aids (helps the principal
offender carry out the crime) abets (encourages the
principal offender to carry out the crime) counsels
(advises the principal offender on how to carry out
the crime) or procures (organises someone else to
carry out a crime)
Accessory to a crime
This is a person who knows or believes the
principal offender to be guilty of a serious
indictable offence, but impedes their
apprehension, prosecution, conviction or
punishment, without a lawful or reasonable
excuse