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Individual culpability in joint criminal ventures

   

Added on  2020-04-01

4 Pages866 Words223 Views
1Running head: CRIMINAL LAWCriminal Law

2CRIMINAL LAWIntroductionGenerally, individual culpability indicates the seriousness of an offence, wherein culpability means the circumstances, intentions or motives of the offenders, for which they are liable according to the level of seriousness1. The main objective of this paper is to evaluate whether s323 (1) (d) of the Crimes Act 1958 (Vic) or the s 8(1) of the Criminal Code Act 1983 (NT) mostaffectively addresses the individual responsibility/guilt in a joint criminal venture. Hence, this research paper incorporates reasoned arguments for the laws of both the jurisdictions based on the joint venture of the criminal offences. DiscussionIn order to critically evaluate the two jurisdictions, primary understanding of the reversal of the ‘onus of proof’ must be done. The Australian law, which was inherited from British, stated that until an individual is proved guilty from the point of view of law, he/she must be considered innocent. There are certain offences that falls under the regulations passed by the government of Australia and those individual accused with these crimes needs to prove his/her innocence, whichis known as the ‘onus of proof’ reversal. The reason is that, instead of the prosecution proving the offence of the person accused, the innocence must be proved such as deemed for the supply of drugs, goods in custody, proposed protesting, unexplained wealth and such other cases alike. However, reversal of ‘onus of proof’ is valid in various cases however there are exceptions as well2.In keeping with the section 323(1)(d) of Crimes Act 1958 (Vic), the act is based on the clausethat if a person enters into an agreement or a joint venture with other people knowingly intending1Ashworth, Andrew, Sentencing and criminal justice, (Cambridge University Press, 2010) 148-149.2Nedim, U 2015, Guilty until proven innocent: Is it fair to reverse the onus of proof? NSW Courts, viewed 18 September 2017, < https://nswcourts.com.au/articles/guilty-until-proven-innocent-is-it-fair-to-reverse-the-onus-of-proof/>

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