Criminal law

DEFINITION OF A CRIMINAL OFFENCE:

A criminal offence is an act on omission, which is held to be wrong because of injuries to the welfare and interests of society in some way, and for which the offender can be prosecuted and punished.

Sources of Criminal Law

Queensland Criminal Law since the turn of the century has a statutory basis. The Queesnland Criminal Code Act 1899 came into effect in 1901. Code Act was rewritten in 1955 to bring it up to date and to make it reflective of community concerns. Also it was written in plain English, so that it could be easily understood.

Nature of Criminal Law

„Ï Onus of Proof - it is up to the prosecutor to prove the accused is guilty. Beyond reasonable doubt. Up to the prosecution to prove guilt and the defence to prove the client’s innocence.
„Ï An acquitted means that there was ‘reasonable doubt’
„Ï A person is not guilty of a crime unless they have a ‘guilty mind’ ¡V mensrea

Children under the age of t...