2. Assessment
Extended Research Response (Written)
800-1,000 words
Reference list and intext referencing
Report format
Draft: Friday Week 6
Final: Friday Week 8
3. Sources of Criminal Law
Basic Elements of Criminal Law
Criminal Offences
Against the person
Against property
Motor vehicles
Queensland drug laws
4. Defences and Excuses
Provocation
Police Powers
Criminal v Civil Law
Committal and Summary Proceedings
Trial by Judge and Jury
Legal Representation
Children as Offenders
5. Sentencing
Contemporary Issues in Criminal Law
Contemporary Cases
Patel
Sica
Morcombe
Baden-Clay
6. 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
7. 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)
8. Other important Acts:
Crime and Misconduct Act 2001
Penalties and Sentences Act 1992
Police Powers and Responsibilities Act 2000
Firearms and Offensive Weapons Act 1979
Explosives Act 1999
Prostitution Act 1999
Drugs Misuse Act 1986
Domestic and Family Violence Protection Act 1989
Transport Operations (Road Use Management) Act 1995
Offenders Probation and Parole Act 1980
Peace and Good Behaviour Act 1982
Access three of the Acts
listed
(www.legislation.qld.gov.au).
Identify:
1. The main purpose of the
Act
2. Two provisions which
contain a criminal
offence
9. 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
10. 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.
11. 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’
12. 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’
13. 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?
14. 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
15. 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?
16. 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
18. Criminal Offences
5 areas of criminal law:
Offences against the person
Offences against property
Drug crime
Motor vehicle offences
Public order offences
19. Categorise by type
Arson
Assault occasioning bodily harm
Begging in a public place
Being drunk in a public place
Bomb hoaxes
Burglary
Carnal knowledge of a child
Common assault
Dangerous operation
Driving while under the influence
Graffiti instrument
Grievous bodily harm
Imposition
Incest
Indecent treatment of a child under 16
Loitering
Manslaughter
Murder
Possession
Producing
Public nuisance
Rape
Receiving
Robbery
Sale of potentially harmful things
Serious assault
Sexual assault
Stalking
Stealing
Supplying
Threatening violence
Throwing things at a sporting event
Torture
Trafficking
Trespassing
Unlawful sodomy
Unlawful wounding
Use of motor vehicle
Wilful damage to property
20. Answers
Murder
Grievous bodily harm
Assault occasioning bodily harm
Torture
Stalking
Incest
Unlawful sodomy
Rape
Manslaughter
Common assault
Serious assault
Unlawful wounding
Sexual assault
Carnal knowledge of a child
Indecent treatment of a child under
16
Stealing
Robbery
Burglary
Receiving
Arson
Wilful damage to property
Bomb hoaxes
Possession
Producing
Supplying
Trafficking
Dangerous operation
Driving while under the influence
Begging in a public place
Being drunk in a public place
Graffiti instrument
Imposition
Loitering
Public nuisance
Sale of potentially harmful things
Threatening violence
Throwing things at a sporting
event
Trespassing
Use of motor vehicle
Offences
against the
person
Drug
crime
Offence
s
against
propert
y
Public
order
offences
21. 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.
22. 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?
23. 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)
24. 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
25. 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
26. 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?
28. 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
29. 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’?
30. 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?
31. 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
32. Common punishments for crimes:
Community service
Monetary fines
Forfeiture of property
Restitution to victims
Confinement in jail
Death (not in Australia)
33. 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
34. 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
35. 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
36. 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
37. 1. Deterrence
2. Retribution
3. Incapacitation/Societal Protection
4. Reformation/Rehabilitation
5. Expiation
Repentance = forgiveness for the offence
38. Unified theory
Brings together multiple theories
A single coherent framework
No need to choose a theory, as they work together for a
wider goal
39. 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
