key concepts of criminal law.pptx VCE Legal

VCE legal studies

1. Concepts of Criminal Law Students will be able to describe key element of criminal law - the presumption of innocence - burden of proof - standard of proof - Actus Reus and Mens Rea - Strict liability crimes - The age of criminal responsibility

2. The elements of a crime For a crime to have been committed, the following elements need to exist, at the same time. Actus reus – ‘guilty act’. The physical element of a crime. For a person to be found guilty of committing a crime, the prosecution must prove that the person physically did the wrongful action Mens rea – ‘guilty mind’. The mental element of a crime. For a person to be found guilty of committing a crime the prosecution must also prove that the person knowingly/intentionally committed the wrongful act

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4. Strict Liability 9/3/20XX Presentation Title 4 Proving both Actus reus and mens rea does not apply to crimes of strict liability. - Offences that do not have a mental element. Prosecution does not have to prove there was intention to commit the crime. Only actus rea is to be proven Examples are: drinking while driving, fare evading, failing to display P plates

5. Age of criminal responsibility 5 Minimum age a person must be to be charged with committing a crime. Some people may be too young to develop a mens rea A person under the age of 10 cannot be charged A person aged between 10-13 can be charged if the prosecution can prove the child knew, at the time, their actions were wrong A person aged 14 years or older is considered criminally liable and can be charged with a crime

6. The Commonwealth, state and territory governments have faced increasing pressure to raise the age of criminal responsibility from 10 to 14. In 2024, Dan Andrews raised it to 12. What do you think? 6

7. Burden & standard of proof Burden of proof Responsibility to prove the allegations made in a case. In general, the burden of proof is held by the person/party who initiates the case. Standard of proof Strength of evidence needed to prove a legal case. In criminal law, the prosecution must prove the case beyond reasonable doubt 9/3/20XX Presentation Title 8

8. Textbook Questions 1 3 5a.b.c 9/3/20XX Presentation Title 9