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What types of crime make up the Crimes Act 1958 (Vic)?
Indictable offences
Chocie Prize - Name the four purposes of criminal law.
Protect individuals - Protect property - Protect society - Promote justice
Describe Blackstone's Ratio
‘it is better that ten guilty persons escape punishment than have one innocent person to suffer’’.
What is the burden of proof?
“The obligation of a party to prove a case. The burden of proof usually rests with the party who initiates the action.”
What is the Standard of proof in a criminal case and explain what that means?
The standard of proof in a criminal case is beyond reasonable doubt. This means that the prosecution must prove that there is no reasonable doubt that the accus
What is the standard of proof in a civil case, and explain what that means?
The standard of proof in a civil case is on the balance of probabilities. This means that the plaintiff must prove that the defendant most likely breached their
In the Country Court, who decides as to whether a person is guilty or not guilty?
A jury
The actus reus for murder involves determining whether the accused had the intent to kill or cause grievous bodily harm or was acting recklessly. T or F
False
In which court or courts are indictable offense heard?
County and Supreme
Define malice aforethought.
When a person intended to kill or cause serious injury, or were reckless as to whether they would kill or cause serious injury.
Define Causation.
Causation is the causal connection between the accused’s voluntary act or omission and the consequences that result
Define "accessory" in criminal law.
An accessory is any person who is aware of a crime occurring and contributes to the concealment or execution of the offence.
