Criminal Law and Justice

Learning Intentions Success Criteria The Victorian criminal justice system Success Criteria Distinction between summary and indictable offences Burden of proof Standard of proof Presumption of innocence

Introduction to Criminal Law What is a crime? Act or omission committed against the community at large that is punishable by the law. A person suspected of a criminal offence is prosecuted by the state. Two elements actus reus – guilty act mens rea – guilty mind Exception Strict liability crime – wrongful act alone establishes the crime eg speeding

Types of Criminal Offences Summary Offences Minor crimes that are heard in the Magistrates’ Court and before a magistrate, but not before a jury.  Eg drinking in a public Indictable offences Serious crimes that are heard before a judge and jury. Most serious are heard in the Supreme Court eg  murder, manslaughter, treason and culpable driving.  Others are heard in the County Court.

Indictable Offences Heard Summarily Section 28 of the Criminal Procedure Act 2009 (Vic) gives a list of the types of statutory indictable offences that can be heard summarily. Section 29 states the circumstances under which an indictable offence may be heard and determined summarily. The court will consider: The seriousness of the offence The adequacy of the sentences available to the court Whether a co-accused is charged with the same offence Any other matter relevant to the court

Indictable Offences Heard Summarily cont .. The accused must consent. The accused will usually seek legal advice to determine benefits: Cost Efficiency Sentencing options Whether forgoing trial by jury is a benefit

Criminal Procedures Once a crime has been committed, a range of processes and procedures may be used to investigate, prosecute and sanction an offender: Pre-trial procedures – gathering evidence Trial procedures – hearing an offence Post trial procedures – determining an appropriate sanction.

The Burden of Proof In criminal cases

PRESUMPTION OF INNOCENCE