Criminal Law

Categories of Crime
There are THREE categories of crime
*Crimes are categorised according to the nature of
the damage or harm they cause*
P x Three
Offences against Person
Offences against Property
Offences against Public Order
Offences against Person
Infringe a persons most basic rights
Basic rights = Life, Safety & Privacy
Major crimes like murder or rape as treated as
serious crimes so they attract the harshest of
penalties
The principal crimes are prescribed in the
Criminal Law Consolidation Act 1935 (SA)


Offences against Property
Deny people the right to own and use their
personal property without theft and damage
Serious crimes against Property are prescribed
in the Criminal Law Consolidation Act 1935 (SA)
Larceny, Arson, Fraud and Criminal Trespass are
examples

Offences against Public Order
Unlike offences against Person/Property,
offences against Public Order pose a threat to
society as a whole
Traffic, street, morality and drug offences are
examples
They also include offences committed in the
course of court trials, such as perjury or
contempt of court
Classification of Offences
Statute law in SA divides offences into THREE areas

Summary
Offences
Minor
Indictable
Offences
Indictable
Offences
Offences are classified in order of
severity
Indictable Offences at the most serious
crimes. The maximum penalty that can
be imposed for many of these offences is
life imprisonment.
Minor Indictable Offences are between
the severity of summary and Indictable
offences. They are more serious than
Summary Offences, but less serious
than Indictable Offences. The maximum
penalty is five years of imprisonment for
each offence
Summary offences are the least serious
form of crime and are not heard before a
jury. The maximum penalty a Magistrate
can impose is two years imprisonment
for each offence .
Summary Offences
Are heard in a Magistrates Court
Are prescribed in the Summary Offences Act
1953, Road Traffic Act 1961, Motor Vehicles Act
1959 & the Liquor Licensing Act 1985
Parliament has made reforms to the dealings of
Summary offences to save court time/costs.
Many summary offences can be resolved
through expiation notices.
Examples of Summary Offences include traffic
offences, street offences and minor larceny
cases
Minor Indictable Offences
Can be heard summarily in a Magistrates Court
Give the accused the right to a trial by jury in a
District Court
Examples include dishonesty offences under
$25,000, malicious wounding, stalking and
assault causing actual bodily harm
Indictable Offences
Are heard in a District or Supreme Court
Offenders are charged on Information
There is no time limit to bring the criminal action
Most crimes are prescribed in the Criminal Law
Consolidation Act 1935 (SA)
Examples include Murder, Rape and Criminal
Trespass
Criminal Liability
Before a person can be convicted of a crime, to
elements must be proved during a trial

The Guilty Act The Guilty Mind
The prosecution owns the
burden of proof to prove that
the accused committed the
crime
This process is referred to as
Actus Reus
Examples of the guilty act
may be when a person
murders someone, or steals
someone elses personal
property

The prosecution must prove
that the accused had the
mental intent to commit the
crime
This process is referred to as
Mens Rea
Examples of the mental intent
may include criminal
negligence or recklessness
that harms another person
Strict Liability Offences
To uphold social progress, parliaments have
created laws to allow some crimes to be solved
without the prosecution proving Mens Rea
In most Traffic offences, the prosecution must
only prove that the guilty act took place
Parliament was forced to create these laws,
because in some cases it was almost impossible
for the prosecution to prove intent

Age of Prosecution
An individual cannot be prosecuted by law in
Australia until he or she is 10 years of age
Individuals under the age of 14 will only be
prosecuted if a court believes that he/she has the
mental ability to comprehend the consequences
of his/her actions

Burden of Proof
The person who lays the criminal charge must prove
the truth of that allegation in a court according to law
For summary offences heard in a Magistrates Court,
Police prosecutors must accept the burden to prove
the guilt of the individual being charged
Minor Indictable and Indictable offences heard in a
District or Supreme Court are prosecuted by Lawyers
from the office of the DPP
The burden is proved when witnesses of the
prosecution give evidence to provide sufficient
information so that the truth can be revealed and a
conviction can be successful
Standard of Proof
Beyond a reasonable doubt
This standard is intentionally difficult to achieve
A trial is acquitted if guilt cannot be proved beyond a
reasonable doubt
The standard is strict in nature because of the
consequences involved if convicted
The accused will lose his/her liberties by a period of
imprisonment if found guilty, so there must be no
doubt at all about his/her guilt
Sanction
Is a penalty given to a person found guilty of
committing a crime
Are intentionally designed to interfere with the
convicted persons rights and freedoms
Those convicted of crime have infringed the
rights of other people, so the law believes that it
is only fair that some of the rights of the
convicted are taken away as a consequence
Types of Sanctions
There are 2 types of sanctions in Australian Law

Loss /Denial of
Personal Freedoms
Loss/Denial of
Financial Freedoms
Restricts an individuals liberties
and freedoms
Life imprisonment is the
harshest form of this type of
sanction
Home detention, community
service orders or the
disqualification of a driving
license are examples
Designed to financially penalise
the offender by acquiring their
assets
A monetary fine is most
common
The state also reserves the
power to seize assets of the
offender
Objectives of Sanctions
Punishment
(Retribution)
Deterrence

Protection

Rehabilitation
Denial of rights
Denial of
freedoms
Safety of society
Violent offenders
imprisoned/restricte
d
Stop reoffending
Deter others
from offending
Develop better
social attitute
Prepare offender to act sensibly in
society after term of imprisonment