Kissing in public is not a crime in Australia, however in Middle Eastern Countries such as Saudi Arabia, kissing someone of the opposite sex in public is considered to be culturally offensive as well as illegal Crimes can be different according to the country, state or region you are in Features of crime What constitutes a crime is determined by what the law makers (parliament and the courts) declare it to be A crime is an act or omission (failure to act) that is unacceptable according to the law at the time, and punishable by the state authorities An act I deemed a crime because our community has declared that the behavior is illegal Criminal law is therefore concerned with criminal behavior that is against the law and harmful to society A crime, whether an act or omission, has the following features Sources of criminal law Criminal law in Victoria was originally derived from the common law (laws made by courts) of England. The decisions judges make in courts clarify, expand on or narrow the scope of existing laws Types of offences Indictable offence: is a serious criminal offence for which the defendant is entitled to have a trial by judge or jury eg: murder, rape Summary offence: a minor or less serious crime that can be heard in a Magistrates court without a jury that are outlined in the Summary Offences Act 1966 (VIC) the Road Safety Act 1986, and the Racial and Religious Tolerance Act 2001 Criminal law is also made by the Commonwealth Parliament eg: treachery, sabotage and piracy Elements of a crime For a person to be convicted of committing a crime, the prosecution must prove two elements 1.) Actus reus (Latin for guilty act) 2.) Mens rea (Latin for guilty mind) No matter how much a person thinks about committing a crime, unless that person acts upon that thought then no crime has occurred In law, the same applies for the opposite even if a crime is committed, if the person did not intend to do it, then she or he cannot be convicted of having committed the crime There are accepted defences that recognise that if a person does not have a guilty mind, and did not intend to commit a crime, he or she may be acquitted (being found not guilty) Strict liability crimes Some crimes do not require the prosecution to prove mens rea, all that needs to be shown is actus reus These are referred to as strict liability crimes which means there is no need to prove the accused intended to commit the offence so they can be found guilty simply by having committed the crime Eg- for less serious offences that frequently occur Ot would be silly to have to prove mens rea every time someone committed a traffic offence Age of criminal responsibility What age can you be charged with having committed an offence under Victorian law?? A child under 10 years of age cannot be charged with havin gcommitted a criminal offence It is assumed that a child, under the age of 10, does not understand the consequences of his actions Between 10 and 14, the law assumes child is mentally incapable of committing a crime, but can be charged if the prosecution can prove that the child intended to commit the act, and di so with mischievous discretion-more than just naughty Children over the age of 14 can be charged as an adult The presumption of innocence A person is presumed innocent until proven guilty This applies in all common law countries (adapted from English legal system) This is different from the European Inquisitorial system, where the accused must prove that they are not guilty Burden and standard of proof We already know this! This refers to who has to prove the case In our legal system this lies with the prosecution often referred to as the crown Standard of proof to establish guilt in a defendant is beyond reasonable doubt It is interesting that a verdict of not guilty need not necessarily mean innocent it may just mean that there was reasonable doubt Participants in a crime The three main participants in a crime are: Principal offender: the person who actually commits the crime. Abettor: is a person who aids (helps the principal offender carry out the crime) abets (encourages the principal offender to carry out the crime) counsels (advises the principal offender on how to carry out the crime) or procures (organises someone else to carry out a crime) Accessory to a crime This is a person who knows or believes the principal offender to be guilty of a serious indictable offence, but impedes their apprehension, prosecution, conviction or punishment, without a lawful or reasonable excuse