Analyse and Evaluate Concepts of Principles of Criminal Law

This article analyses and evaluates the concepts of principles of criminal law, including common assault, rape, and defences such as provocation, self-defence, and duress. It also discusses the elements of Actus Reus, Voluntary+ Desistance, Mens Rea, and Factual Impossibility.

Running head: 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 4
4.1
Common assault will be found to be committed if the person beat or assault another person.
The maximum penalty is around $ 200 (i.e. 15 penalty units) under the Summary Offences
Act or the three months of imprisonment. It is generally considered as the least serious
crime1.
4.2
At the first instance the victim, must complaint in the police and then police will make a
charge against him and start with the investigation and will inform about the progress of the
case of every aspect. If the victim is stalked or harassed can directly resolved the issue with
the person who is involved by making a complaint to the Victorian Equal Opportunity and
Human Rights Commission or the Australian human Rights Commission2.
4.3
Rape is a sexual assault that can be the sexual intercourse between or can be other kinds of
sexual penetration that has been conducted without the consent of a person.
The elements of rape are:
 If someone penetrates without the consent
 After the sexual penetration it has not been withdrawn after becoming aware that it
has not been consented by you
 Making you sexually penetrates means putting the penis into the mouth, vagina or
anus3.
4.4
The penalty for the rape is the maximum imprisonment is of 25 years under the Crimes Act
1958. The penalty depends on the circumstances and seriousness of the act4.
1 Crimes Act, 1958 (vic)
2 Sophie, Sills, et al. "Rape culture and social media: Young critics and a feminist counterpublic. (2016). 16 (6)
" Feminist Media Studies: 935-951
3 ibid
4 At 1

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 2
Question 5
5.1
The defence Jane can take in this case is the defence of provocation that sees the killing as a
justified response, it is treated as the reaction as the understandable due to the circumstances.
The partially Jane can also take the defence of the diminished responsibility5.
5.2
Peter can take the defence of the self-defence that the person with the hockey stick coming
towards him shows the intention of the Larry to kill him, also they have love-lost
relationship, and therefore in the self-defence peter had killed him. In conclusion, Larry has
the guilty mind (Mens Rea) therefore in his self-defence he has killed Larry6.
5.3
The duress is not at all a complete defence that G can take. The circumstances suggest that G
has not been threatened by the K. So the G cannot take the defence of duress and must been
held liable for the murder7.
5.4
The first circumstance is the person has committed the physical element that refers to the
actus-reus in that the conduct been included or the circumstances or the cause for committing
the crime8.
The second circumstance is the mental or the fault element. The fault is described as the state
of the mind in committing the act.
The law states the person will not been held liable if at the time of committing an offence the
person has lacked the mental impairment9.
5 Michael, Salter, "Beyond criminalisation and responsibilisation: (2012) 24 Sexting, gender and young
people." Current Issues Crim. Just. : 301.
6 Emily C, Hodell., et al. "Mock juror gender biases and perceptions of self-defense claims in intimate partner
homicide. (2014). 29 (5) Journal of Family Violence: 495-506.
7 At 1
8 Peden, RG. "The Statues in Apuleius" Metamorphoses" 2.4. (1985). 39 (4) Phoenix : 380-383
9 Annie, Cossins. Restorative justice and child sex offences: The theory and the practice." (2008). 48 (3) The
British Journal of Criminology : 359-378

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 3
Question 6
6.1
Crimes culpability means the direct involvement in the wrongdoing by participating or the
direct involvement. The act shows that the person has the criminal intention.
In Viro v R10. case, killed someone where the circumstances states that the act has the
intention and the defendant has the direct involvement but it differs from the murder. The
crime culpability depends on the circumstances and in this case circumstances suggest that it
has committed the culpable crime.
In R v Johnson11, case the truck drivers was held guilty for the culpable driving as he has
killed four pedestrian on the road.
6.2
A. Actus Reus- It means a wrongful act that converts an action into the crime. There are
some elements are necessary to satisfy to find someone guilty in Actus Reus. Firstly, there
must be a guilty conduct by the offender. Secondly, it must have a guilty mind and lastly
there not been a solid defence. In some crimes in which Actus Reus is considered itself a
crime such as the alcohol level in blood is 15 % deemed to be intoxicated. If the alcohol in
the blood found to be 15 % that is sufficient to prove the act comes under the Actus Reus12.
B. Voluntary+ Desistance- It is generally considered to be the cessation of offending or the
others antisocial behaviour voluntarily. This is the criminological phenomenon that describes
that how the criminal offenders has stopped the offending behaviour. It is general been
voluntary13. For example from interpersonal relation, desistance has can be made such as
bond, love that helps the person to take desistance.
C. Mens Rea- It is the criminal intention in committing a crime. The person has the
knowledge of the wrongdoing that constitutes a crime. It is a required element for the many
crimes. The lateral meaning of the Mens Rea is guilty mind. The result and the Mens Rea is
important for the conviction of a person. For example A tries to kill B and C by planting the
bomb in the plane in which they are going but after some time changed his mind and try to
10 (1978) 18 A.L.R. at p. 330
11 [1989] EWCA Crim 289
12 At 6
13 Law.Com. Search Legal Terms and Definitions.(2018) < https://dictionary.law.com/>

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 4
inform the authority that there is a bomb in a plan. However, the flight takes off and B, C,
and other passengers in a flight were killed. Since he was having the guilty mind at the time
of committing the crime and hence he has been found guilty14.
D. Factual Impossibility- It is the defence taken by the accused of criminal attempt in which
he has failed because the crime was factually or legally been impossible. According to the
general rule, it is not a defence to the crime such as attempted murder. If A tries to Kill be by
putting the bomb in his car but the bomb has been failed to explode than he can take the
defence of the factual impossibility for the murder but not for the attempted murder15.
14 ibid
15 At 13

ANALYSE AND EVALUATE CONCEPTS OF PRINCIPLES OF CRIMINAL LAW 5
Bibliography
Journal
Cossins, Annie. "Restorative justice and child sex offences: The theory and the
practice." (2008). 48 (3) The British Journal of Criminology : 359
Hodell, Emily C., et al. "Mock juror gender biases and perceptions of self-defense claims
in intimate partner homicide. (2014). 29 (5) Journal of Family Violence: 495
R.G, Peden. "The Statues in Apuleius" Metamorphoses" 2.4. (1985). 39 (4) Phoenix :
380
Salter, Michael, Thomas Crofts, and Murray Lee. "Beyond criminalisation and
responsibilisation: (2012) 24 Sexting, gender and young people." Current Issues Crim.
Just. : 301.
Sills, Sophie, et al. "Rape culture and social media: Young critics and a feminist
counterpublic. (2016). 16 (6) " Feminist Media Studies: 935
Legislation
Crimes Act 1958, (vic)
Others
Law.Com. Search Legal Terms and Definitions.(2018) < https://dictionary.law.com/>