Exam (elaborations)
CSB338 - Week 12 - Criminal Law, Court Procedure and the Coronial Process in Queensland
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CSB338 - Week 12 - Criminal Law, Court Procedure and the Coronial Process in Queensland
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CSB338 - Week 12 - Criminal Law, CourtProcedure and the Coronial Process in
Queensland
What is criminal law? - ANS-Criminal law involves the laws of conduct that have been
set by/for society
A breach of the criminal law constitutes an offence
A person found guilty of committing an offence may be liable for punishment by the
state
Offences in QLD are created under
- The criminal code act 1899
- Various provisions in other acts and regulations
A code is a combination of existing common law and legislation enshrined in one
instrument
What are the types of offences? - ANS-Crimes
- Serious indictable offences (trial by jury)
Misdemeanours
- Less serious indictable offences (trial by jury)
Simple offences
- May be convicted summarily by magistrate
What must a crime involve? - ANS-Capacity to commit a criminal offence
An act which is recognised at law as being criminal
- May include an omission to act
Intention to carry out the action
Absence of any defence
, What are features of criminal law? - ANS-Parties to a criminal matter
Initiation of the action
Elements of a crime
Standard of proof
Presumption of innocence
Liability rests with the accused
Who are parties to a criminal matter? - ANS-The prosecution (police prosecutor then
director of public prosecutions)
The accused/defendant (person who allegedly committed the offence)
What is the initiation of action? - ANS-The prosecution (initially police prosecutor) is
responsible for initiating the criminal proceedings
If the offence is an indictable offence and the accused is committed to stand trial, the
Director of Public Prosecution is responsible for prosecuting the matter at trial
The burden rests with the prosecution to demonstrate that the elements of the crime
have been established in a given case. This is referred to as the burden of proof.
What are the elements of a crime - ANS-Each criminal offence is broken into a number
of elements. The evidence must demonstrate that each element has been satisfied
Theft
- The removal of an object
- The property of another
- With intent to permanently deprive the owner of the object
What is standard of proof? - ANS-The prosecution must with the evidence availed prove
beyond a reasonable doubt that each element of a crime has been satisfied
What is the presumption of innocence - ANS-A fundamental principle is the innocence is
to be assumed until proven otherwise. An accused person is presumed innocent until
proven to be guilty of a crime.
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