Principles of Criminal Law: Analysis and Evaluation

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW
ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 1
Question 1
1.1
The crime is an act or the omission that constitutes an offence that is punishable by law in the
way of penalty or the imprisonment1.
1.2
Crimes Act 1958 is the Act of Parliament of Victoria that deals with the crimes2.
1.3
 Conduct that is prohibited
 Mental element of a guilty mind or the intention3
1.4
The main purpose of the criminal law is to give punishment for the retribution, deterrence,
denunciation and the rehabilitation4. Criminals whose act are unacceptable or been socially
dangerous that is enough to deserve a punishment.
Question 2
2.1
A criminal charge has been a formal accusation charged by the government authority that
asserts that somebody has committed the offense. The file of the charge holds one or more
than one charges that include complaint, accusation, citation, information and the traffic
ticket.
Through the document of charge the case is generally has been brought before the court. The
court can grant the bail5.
1 Paul, Robinson. "Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction?." The Structure
and Limits of Criminal Law. Routledge, 2017..
2 Crimes Act 1958 (Vic)
3 ibid
4 At 2
5 Nicola, Lacey. "In search of the responsible subject: History, philosophy and social sciences in criminal law
theory. (2001) 64 (3)" The Modern Law Review: 350-371.

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 2
2.2
The purpose of bail is to provide liberty in between the time of arrest and the verdict. It is to
ensure that an accused shall re-appear in the court to be sentenced or to face charges6.
2.3
An acquittal is to free a defendant from the criminal charges that has been charged against
him. Whereas the Dismissal is to dismiss a case often before the beginning of the case due to
certain reasons as if the plaintiff case is not so much strong or due to the lack of evidences.
Discharge means when the case has been completely discharged like paying off all the debts7.
2.4
 Murder- The penalty for the murder is maxim is life imprisonment. The standard
sentence for the murder is 25 years. If the person murdered is the custodial officer
than the imprisonment is of 30 years (Section 3 of the Crimes Act).
 Kidnapping- Under section 63A of the Crimes Act, 1958 if found guilty than mostly
the prison sentence has been provided. The maximum imprisonment is 25 years.
 Escaping from Lawful Custody- Under section 49E of the Summary offence Act the
two years detention of an person
 Extortion with a threat to kill- Under section 27 of the Crimes Act if found guilty than
the imprisonment of 15 years of maximum.
 Good faith, improper use of his/her position and improper use of information- Under
section 184 of the Corporations Act, 2001 is liable for the penalties up to $ 220,000
and imprisonment can be up to the five years8.
2.5
The Criminal Procedure Act 2009 purpose is to clarify, simplify and to consolidate the laws
are in relation to the criminal procedure in the Supreme Court, Magistrates Court and the
County Court9.
6 ibid
7 Paul, Robinson. "Should the Criminal Law Abandon the Actus Reus-Mens Rea Distinction?." The Structure
and Limits of Criminal Law. Routledge, 2017.
8 At 2
9 Criminal Procedure Act 2009 (Vic)