Victoria Crimes Act 1958
This Act includes the criminal laws set by Victoria
Doli incapax
When someone is deemed incapable of forming the intent to commit a crime or tort, especially by reason of age (under ten years old)
Actus Reus
One of the elements needed to be a crime. This element means the physical act
Mens Rea
One of the elements needed to be a crime. This element is means mental act
Summary offence
A minor or less serious crime which is heard in the magistrate court (lowest court). Examples include traffic offences, serving alcohol to a minor, etc.
Indictable offence
A more serious offence which is heard in a higher court with a judge and sometimes a jury. Examples include murder, manslaughter, rape, etc.
Strict liability
When there is no need to provide intention or guilty mind.
The 5 elements of murder
Unlawful killing, another person, malice aforethought, age of discretion, sound mind
manslaughter
The unlawful killing of another in circumstances that do
not amount to murder. This is usually because the prosecution cannot prove intention.
involuntary manslaughter
Where there was no intention to kill but death occurred because, for example, one of
the following:
1. the accused intentionally inflicted harm on the victim and, although there was no
intention to kill, it was severe
2. the death was caused through crimi
voluntary manslaughter
When a person could be found guilty of murder but has his or her liability is reduced due
to mitigating circumstances such as excessive self defence
Assault
The unlawful interference with body of another person through the intentional application of force or threat of force. May include either direct or indirect application of force or threat of force.
Rape
The name of the offence where these three elements must be included:
1. unlawful sexual penetration of another person
2. sexual penetrating another person
3. without consent
Theft
The action of dishonestly taking a person's property with
the intention to keep it
Incest
The offence when any person has carnal knowledge of that person's child or a near descendant or sibling, parent, grandparent, uncle, aunt, nephew or niece and knows that person's relationship to him or her. It does not matter if there is consent or not
Robbery
When a person uses force, or, puts a person in fear of physical force being used before or during an act of stealing goods
Burglary
When a person enters a building without permission, with the intent to steal or commit assault when entering the building
Beyond a reasonable doubt
The type of standard of proof for criminal law
On the balance of probabilities
The type of standard of proof for civil law
Defensive homicide
This offence applies when a person believes it is necessary to protect themselves or someone else, but the belief was ultimately unreasonable
Self Defence
When a person is not guilty of murder if he or she carries
out the conduct that would otherwise constitute murder
while believing the conduct to be necessary'.
Duress
This is when the person needs to prove to the jury that he or she committed the crime because he or she faced a 'threat of immediate death or serious injury' so great as to overbear ordinary power of human resistance
Insanity
When a person is not criminally responsible for an act if, at the time of doing it, that person was in such a state of mental disease or natural mental informity as to deprive him or her of capacity to understand what he or she is doing, or of capacity to
Intoxication
An accused may plead this type of offence if his or her mind was so disordered by drugs or alcohol that he or she was deprived of the capacities required under s.27, that is, capacity to understand what he is doing, or of capacity to control his actions,
Accident
When a person is not criminally responsible for an event if it was a consequence that was:
1. not intended
2. not foreseen
3. not reasonably foreseeable by an ordinary person.
Criminal law
The type of law where the aim is to punish the offender and protect society
Civil law
The type of law that deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim