CRIMINAL LAW POWERPOINT
Criminal Law
Year 11 Legal Studies
Term 2 – 2015
What is Criminal?
Criminal conduct is behaviour that the law deems to be wrongful.
Criminal law covers the acts and omissions that most people in society consider harmful.
As well as causing harm to a victim, a crime is also regarded as harming the society as a whole.
Behaviour that breaks one of these criminal rules is an offence.
Sources of Criminal Law
Criminal law is the responsibility of the States.
The Commonwealth can enact criminal matters that arise under its constitutional powers, such as importing/exporting drugs and other prohibited items (under its customs power)
Structure of the Unit
Offences
Defences
Punishmen t PART 1: OFFENCES
Refer to group presentation power points
Textbook pages will cover most major offences
Refer to Queensland Criminal Code (1899)for more detail
Part 2: Defences
• Chapter 5 of the QLD Criminal Code (1899) is entitled Criminal
Responsibility
• If the accused can prove any of the defences of excuses in Chapter 5, then he or she will not be criminally responsible for the act or omission for which they are being charged
• Once the defence is raised, it is up to the prosecution to negate it beyond reasonable doubt. *negate: to make invalid
• Some defences and excuses are complete and some are partial – this will result in a reduced sentence.
• Some defences are applicable ONLY to certain types of offences. E.g. Only to murder or property offences
1. a defence is a complete defence , there is no criminality to the offence
2. an partial defence (excuse)– reduces the severity of the punishment.
The following are
COMPLETE DEFENCES
Bona fide claim of right (s22)
• A person is not criminally responsible for an offence where the person reasonably but mistakenly believed that they could lawfully do what they did.
• E.g. Unlawful use of motor vehicle – not your car but under the mistaken impression you had a right to use it.
What do you think p
3 of
Year 11 Legal Studies
Term 2 – 2015
What is Criminal?
Criminal conduct is behaviour that the law deems to be wrongful.
Criminal law covers the acts and omissions that most people in society consider harmful.
As well as causing harm to a victim, a crime is also regarded as harming the society as a whole.
Behaviour that breaks one of these criminal rules is an offence.
Sources of Criminal Law
Criminal law is the responsibility of the States.
The Commonwealth can enact criminal matters that arise under its constitutional powers, such as importing/exporting drugs and other prohibited items (under its customs power)
Structure of the Unit
Offences
Defences
Punishmen t PART 1: OFFENCES
Refer to group presentation power points
Textbook pages will cover most major offences
Refer to Queensland Criminal Code (1899)for more detail
Part 2: Defences
• Chapter 5 of the QLD Criminal Code (1899) is entitled Criminal
Responsibility
• If the accused can prove any of the defences of excuses in Chapter 5, then he or she will not be criminally responsible for the act or omission for which they are being charged
• Once the defence is raised, it is up to the prosecution to negate it beyond reasonable doubt. *negate: to make invalid
• Some defences and excuses are complete and some are partial – this will result in a reduced sentence.
• Some defences are applicable ONLY to certain types of offences. E.g. Only to murder or property offences
1. a defence is a complete defence , there is no criminality to the offence
2. an partial defence (excuse)– reduces the severity of the punishment.
The following are
COMPLETE DEFENCES
Bona fide claim of right (s22)
• A person is not criminally responsible for an offence where the person reasonably but mistakenly believed that they could lawfully do what they did.
• E.g. Unlawful use of motor vehicle – not your car but under the mistaken impression you had a right to use it.
What do you think p
3 of