Criminal Law

11 Legal Studies
 Assessment
 Extended Research Response (Written)

 800-1,000 words

 Reference list and intext referencing

 Report format

 Draft: Friday Week 6

 Final: Friday Week 8

 Sources of Criminal Law

 Basic Elements of Criminal Law

 Criminal Offences
 Against the person
 Against property
 Motor vehicles
 Queensland drug laws
 Defences and Excuses
 Provocation
 Police Powers
 Criminal v Civil Law
 Committal and Summary Proceedings
 Trial by Judge and Jury
 Legal Representation
 Children as Offenders
 Sentencing

 Contemporary Issues in Criminal Law

 Contemporary Cases
 Patel
 Sica
 Morcombe
 Baden-Clay
 Basic Elements of
Criminal Law
 Sources of Law:
 State Constitution
 Common law
 Statutory law
 Australian Constitution
 Presumption of Innocence
 Strict Liability Offences
 Onus and Standard of Proof
 Actus reus and mens rea
 Sources of Criminal Law
 Queensland: Criminal Code Act 1899 (Qld)

 Covers most crimes

 Other Acts cover some areas of criminal law

 Criminal law exists to impose sanctions on citizens

whose conduct is considered unacceptable enough to
deserve punishment by the state

 Enforced by Queensland Police Service (QPS)

 Other important Acts:
 Crime and Misconduct Act 2001
 Penalties and Sentences Act 1992 Access three of the Acts
listed
 Police Powers and Responsibilities Act 2000
(www.legislation.qld.gov.au).
 Firearms and Offensive Weapons Act 1979Identify:
 Explosives Act 1999 1. The main purpose of the
Act
 Prostitution Act 1999
2. Two provisions which
 Drugs Misuse Act 1986 contain a criminal
 Domestic and Family Violence Protection Act offence
1989
 Transport Operations (Road Use Management) Act 1995
 Offenders Probation and Parole Act 1980
 Peace and Good Behaviour Act 1982
 Commonwealth: various federal legislation
 Criminal Code Act 1995 (Cth)
 Crimes Act 1914 (Cth)
 Anti-Terrorism Act 2005 (Cth)
 Enforced by Australian Federal Police (AFP)

 Exclusive powers in Constitution

 New laws are created

 Why?
 Assaulting a pregnant woman killing an unborn child
 Computer hacking
 Intentional transmission of serious disease
 Bomb hoax message
 Making or distributing child exploitation material
 Drink spiking Find one of these new laws. Explain what
changes/events have occurred in society that
would warrant the addition of these laws.
 Presumption of
Innocence
 Innocent until proven guilty

 Federal law

 Criminal Code Act 1995 (Cth):

 Section 13.1 – ‘The prosecution bears a legal burden of
proving every element of an offence relevant to the guilt
of the person charged’
 Human rights

 International Covenant on Civil and Political Rights

(ICCPR)
 Article 14(2) – ‘Everyone charged with a criminal
offence shall have the right to be presumed innocent
until proved guilty according to law’
 Mens Rea and Actus
Reus
 Mens rea – guilty mind; meant to do it

 Actus reus – guilty act; physical performance of the

act

 Are there crimes if you don’t mean to do it?

 Strict Liability Offences
 Offences that do not allow a person to use an excuse
to escape conviction
 Minor in nature
 Eg. Speeding
 It is not necessary to prove mens rea – proof of
voluntary actus reus is enough
 Eg. Speed camera
 Can only be successfully defended if the accused
proves the act did not occur
 Onus of Proof
 Onus of Proof – the responsibility of proving a
disputed charge or allegation

 Rests with prosecution

 Ie. Prosecutor must prove the accused is guilty
 Presumption of innocence

 What does the defence do?

 Standard of Proof
 Prosecution must prove their case beyond reasonable
doubt

 Has no actual definition; it is up to the judge,

magistrate or jury to determine what it actually means
 Textbook Tasks
 Complete:
 Ex 4.1.8 Q1-2 p131 (Extension: Q3)
 Criminal Offences
 5 areas of criminal law:
 Offences against the person
 Offences against property
 Drug crime
 Motor vehicle offences
 Public order offences
 Categorise by type
 Arson  Indecent treatment of a child under 16  Stealing

 Assault occasioning bodily harm  Loitering  Supplying

 Begging in a public place  Manslaughter  Threatening violence

 Being drunk in a public place  Murder  Throwing things at a sporting event

 Bomb hoaxes  Possession  Torture

 Burglary  Producing  Trafficking

 Carnal knowledge of a child  Public nuisance  Trespassing

 Common assault  Rape  Unlawful sodomy

 Dangerous operation  Receiving  Unlawful wounding

 Driving while under the influence  Robbery  Use of motor vehicle

 Graffiti instrument  Sale of potentially harmful things  Wilful damage to property

 Grievous bodily harm  Serious assault

 Imposition  Sexual assault

 Incest  Stalking
 Answers
Murder Stealing
Grievous bodily harm Robbery Offence
Assault occasioning bodily harm Burglary s
Torture Receiving against
Possession
Stalking Drug Arson propert
Producing
Incest crime Wilful damage yto property
Supplying
Unlawful sodomy Bomb hoaxes
Trafficking
Rape
Manslaughter Begging in a public place
Common assault Offences Being drunk in a public place
Serious assault against the Graffiti instrument
Unlawful wounding person Imposition Public
Sexual assault Loitering order
Carnal knowledge of a child Public nuisance offences
Indecent treatment of a child under Sale of potentially harmful things
16 Threatening violence
Dangerous operation Throwing things at a sporting
Driving while under the influence event
Trespassing
Use of motor vehicle
 Offences against the
person
Murder

Elements: kills another person unlawfully; intentional (mens rea and actus reus)

Mandatory sentence: life imprisonment

Legislation: CC1899 ss 300 and 302

 Create dot points from your text book of anything interesting related to
murder that you read

 Define mandatory sentencing

 Is mandatory sentencing a good or bad thing, in your opinion? Justify you

choice.
Manslaughter

Elements: kills another person unlawfully; unintentional

(actus reus, but not usually mens rea)

Maximum sentence: life imprisonment

Legislation: CC1899 s 303

 Notice the difference – maximum compared to

mandatory. Why would this be?
Assault (broken down into areas of assault over next
slides and in textbook)

Elements: the unlaw, intentional threat of force or infliction

of injury on another person

Maximum sentence: varies; dependent on severity of

assault and other factors

Legislation: CC1899 s 245 (definition)

 Continue creating crime profiles for:
 Offences against the person (pp143-148)
 Offences against property (pp150-152)
 Motor vehicle offences (pp152-155)
 Qld drug laws (pp155-156)
 Remember to add dot points of interesting information
underneath each profile and to define any words you
do not understand
 Assignment Topics
 Australia should have a unified federal criminal law
 A victimless crime should be considered no crime at all
 Retribution, rehabilitation and deterrence: which is the most
effective?
 The age of criminal responsibility should be changed

 For each one:

 highlight the key words
 Identify questions during research
 Example
 Australia should have a unified federal criminal law

 Questions could include;

 How would this benefit us?
 How could it be detrimental?
 What differences are their currently in state laws that
necessitate a change?
 Who would benefit?
 How does the Constitution impact on this possibility?
 Unified Federal Law?
Criminal Code
Act 1983 (NT) Criminal Code Act 1899
(Qld)

Crimes Act
1900 (NSW)
Criminal Code Act
Compilation Act
1913 (WA) Criminal Code
2002 (ACT)
Criminal Law
Consolidation Act
1935 (SA) Crimes Act Criminal Code
1958 (Vic) Act 1924
Crimes Act 1914 (Cth),
Criminal Code Act 1995 (Cth) (Tas)
 According to the Constitution, Australia is not allowed
to make a federal criminal code, that is a power left to
states

 Model Criminal Code

 http://www.pcc.gov.au/uniform/crime%20(composite-
2007)-website.pdf
 http://www.lawcouncil.asn.au/lawcouncil/index.php/conf
erences/10-divisions/122-model-criminal-code-and-
harmonisation-of-criminal-law-and-procedure
 Victimless Crime
 An act that is illegal, but has no direct victim
 Examples
 Prostitution
 Drug use
 Tresspassing
 Some traffic crimes (speeding, running a red light, etc)
 Public drunkenness
 Public nudity
 Suicide
 Gambling
 Are there any here you disagree with as being ‘victimless’?
 A key to this is that victimless crimes do not
specifically and directly harm another person

 Voluntary act

 How could human rights fit in with this topic?

 Theories of Punishment
 Punishment: the imposition of hardship in response to
misconduct.

 What different ways are you punished for

‘misconduct’:
 At home
 At school
 At work
 In society
 Common punishments for crimes:
 Community service
 Monetary fines
 Forfeiture of property
 Restitution to victims
 Confinement in jail
 Death (not in Australia)
5 Theories of Punishment
1. Deterrence
Aims to prevent people from offending or deter them from re-
offending
Intended to make people choose not to do a crime because of
the potential punishment
2. Retribution
3. Incapacitation/Societal Protection
4. Reformation/Rehabilitation
5. Expiation
1. Deterrence/Prevention
2. Retribution
Crime = benefit for offender, loss for the victim
Retributive justice aims to rebalance any unjust advantage (the
offender suffers a loss to right the wrong)
Can help to minimise the chance of vigilante justice
3. Incapacitation/Societal Protection
4. Reformation/Rehabilitation
5. Expiation
1. Deterrence
2. Retribution
3. Incapacitation/Societal Protection
Keeps offenders away from society
Includes: death, life in prison, transportation of life, mutilation, etc
Some believe the same effect can be achieved through reformation
or rahabilitation
4. Reformation/Rehabilitation
5. Expiation
1. Deterrence
2. Retribution
3. Incapacitation/Societal Protection
4. Reformation/Rehabilitation
Aims to change behaviour – no one is born as a criminal, they
are a product of their circumstances
Proven to be successful in young offenders
5. Expiation
1. Deterrence

2. Retribution

3. Incapacitation/Societal Protection

4. Reformation/Rehabilitation

5. Expiation

Repentance = forgiveness for the offence

 Unified theory
 Brings together multiple theories
 A single coherent framework
 No need to choose a theory, as they work together for a
wider goal
 Age of Criminal
Responsibility
 Federally, cannot be charged wit a criminal offence if
under 10

 Federally, doli incapax applies between 10 and under

14 (rebuttable presumption)

 All jurisdictions, except Qld, maximum age for

appearance in juvenile/youth court is under 18

 In Qld it is under 17
2000
 Present

http://www.aic.gov.au/media_library/publications/cfi-pdf/cfi106.pdf