In what court are summary offences heard?
Magistrates Court
What is the name of the law that contains indictable offences?
Crimes Act 1958 (Vic)
Identify one example of a summary offence and 1 example of an indictable offence
E.g. drink driving, murder
Identify the two parties in a criminal case
Prosecution and accused
Who has the burden of proof in a criminal case?
Prosecution
What does the term standard of proof mean?
The quality of evidence required to prove the case
Identify three ways a person can be a principal offender (C+IDEAA)
Commit, direct, encourage, assist, agree
What does doli incapax mean?
Incapable of forming criminal intent
How can the prosecution rebut doli incapax?
Evidence that the child knew the action was wrong - e.g. psychologist reports
Identify two types of criminal sanctions
Fines and imprisonment
What does general deterrence mean?
Discouraging other people from committing similar crimes
What does rehabilitation mean?
Helping the offender change by addressing the causes of their offending
Identify the four elements of murder
Voluntary act, causation, malice aforethought, no justification
What are the key words for voluntary act?
Conscious, control of body
When is it justified or legal to kill someone?
Self defence and war
