What is criminal law?
It is an offence against the state. That which criminals get punished by in order to protect the society How does criminal law differ to civil law?
Civil law is different to criminal law as the in criminal law it is where you broke the law and police have chosen to arrest you. And civil law is when someone you remedy against you, and you have chosen to punish them by civil law. Explain ‘actus reus’ and ‘mens rea’ ?
Actus resu is the guilty act meaning something you have done against the law Strict liability crime is when there is no mes rea and only actues rea for example if you were speeding and not intend to break the law but there is enough Mens rea is the guilty mind so premeditation, like wearing a big coat to steal something. Using an example for each. Explain summary and indictable offences? Summary offences is a minor crime against the state and most likely wont get a criminal conviction off and these crimes would be graffiti. But indictable offence is a crime against the state which will most likely get a criminal conviction off like murder or arson
The age of criminal responsibility
What is the age of criminal responsibility in Victoria
Why is it set at this age? Explain?
Because a person at the age of 3-10 could not understand, the crime that he or she has done and not have the mens rea required to convict a person of a crime 3.
How does the legal system approach someone who is aged 10-14 and have committed a crime? The legal system approaches the teens in a more psychological fashion and try to determine if the person had the mens rea and if so to what extent and work off that and try to help out the kid and the kid’s family 4.
Do you think that the age should be dropped 10 years and younger? Why? To what? I believe what the law states that it is fair because a child under the age of 10 could not know the what he or she has done to all effect.
Going to Court
What is the presumption...
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