Chapter 2 - Presumption of Innocence
Define standard of proof
The level of proof that must be satisfied in order to determine guilt or liability. The proof must be 'beyond all reasonable doubt'
Define principal offender
The person who commuted the actus reus of a crime, or assists in the commission of a crime
How is presumption of innocence practical?
It is practical because it prevents innocent people being convicted and promotes equality
Define criminal law
Laws concerned not only with the rights of individuals directly involved but also with the welfare of society as a whole
What is the age of responsibility?
You can be convicted of a crime at age 10
What are examples of crimes against the person?
*Insert any examples you want here* Homicide, assault, sexual offences
What are examples of crimes against property?
*Insert any examples you want here* Theft, property damage, burglary, graffiti
What is an example of a summary offence
*Insert any examples you want here* Traffic offences, offensive behaviour, property damage
What is an example of an indictable offence
*Insert any examples you want here* murder, rape, theft, robbery
Define summary offence
A less serious crime, heard in the Magistrates court: for example, a minor traffic offence
Define indictable offence
A more serious criminal offence (for example, murder), usually heard before a judge and jury in the County court or Supreme Court
Define presumption of innocence
A person charged with a criminal offence has the right to be presumed innocent until proven guilty according to law
Define accessory
A person who did not commit the crime themselves, but impedes the apprehension or prosecution of a principal offender
What is the difference between indictable offences and summary offences?
Indictable offences are offences that are more serious such as rape or murder and is heard in the County or Supreme court whereas a summary offence is an offence that is less serious such as theft or property damage.
What is the difference between a principal offender and an accessory to a crime?
Accessory is not involved in the crime but prevents authority from doing their job. Principal offender is directly involved with the crime.
What are the elements of a crime?
Actus reus (guilty act) and mens rea (guilty mind)
Define indictable offence heard summarily
An indictable offence triable before a magistrate without a jury
Define strict liability offences
An offence for which the prosecution only has to prove that the accused carried out a criminal act, and does not have to prove they intended to commit that act
Define Burden of Proof
Burden of Proof is the principle that a party in a trial must present evidence to prove their case. In criminal cases, the prosecution has the burden of proving that the defendant is guilty.
What is the difference between standard of proof and burden of proof.
Burden of proof is where the prosecution must find the proof and standard of proof is where the proof found by the prosecution is to a high enough degree that the defendant can be charged guilty.
What are two types of crime?
Crimes against property and against the person.
Define crimes against property
Crimes against property are crimes where a persons property is damaged.
Why does criminal law exist?
Criminal law exists to establish a code of conduct to regulate behavior, create a system to resolve disputes when people are harmed and to recognise the rights of people in our society.
What is doli incapax?
Doli incapax is the principle that children between the ages of 10-14 do not know the difference between right and wrong. This can be proven in police interviews.
How is presumption of innocence not practical?
Innocent people can be wrongly charged.
Summarise the Fagan case
Mr Fagan was being directed to park his car by a police officer. He accidentally ran over the police officers foot. When the officer told him to move, in defiance, he told the officer that he should wait. He was charged with assaulting a constable in execution of his duties and was found guilty.
Summarise the Momcilovic case
Ms Momcilovic was accused of trafficking drugs. She claims she was not aware that they were found in her apartment. She was found guilty because of section 5 of the Drugs, Poisons and Controlled Substances Act that stated that if that substance was found on the premises of a person, it's deemed to be in their possession.
Define sanction
Penalty handed down by a court for a breach of law. An example is a fine or jail time.
Why does presumption of innocence exist?
Presumption of innocence exists because it is essential in receiving a fair trial. If an accused's prior convictions or economic status was to be announced to a jury before the trial, then the jury would be bias.
What is rebuttable presumption?
Rebuttable presumption is the principle of doli incapax.
Define actus reus
The Latin term for 'guilty act', which refers to the action someone has taken to commit a crime
Define mens rea
The Latin term for 'guilty mind', which refers to the intention to commit a crime
Who has the burden of proof?
The prosecution
Who has to set a standard of proof?
The prosecution
Define homicide
The unlawful killing of another person
What are the four major features of a crime?
They are against the law, punishable, against morality and harmful.
Why is burden of proof and standard of proof fair?
They are fair because it must be proven that the defendant is absolutely guilty in accordance to presumption of innocence.
Why do strict liability offences exist?
To provide less protection for the accused because it is harder to prove the mens rea for minor offences.
