Contact with Criminal Law
elements that must be
proven and Civil Law and
Negligence
Age Requirements
Full Time Job =15
Drink = 18
Rent a Flat = NL
Leave Home = 16
Buy Cigarettes = 18
Leave School = 17
Criminal Law
Young People and The Law
Elements of a Crime
Actus Reus
Mens Rea
Civil Law
Contract Law
Law of Torts
Negligence - Where a
person fails to take
responsible care and
therefore injures another
person
Defamation - Where
a person injures
another person's
reputation
Nuisance - Where a
person causes
unreasonable
interference with another
person's right to quiet
enjoyment of their
property
Trespass - Where a
person interferes with
another person or their
property rights
Punishment for a
crime and Legal
Rights and
Responsibility
Punishment for a
Crime
Factors Considered
before Determining
the Punishment Given
Judge/ Magistrate must consider
factors: Guilty Plea, Circumstances
of a Crime, Prior Convictions,
Level of Hardship it will cause
Penalties in Aus
Penalties Now - Fines,
Community Service, Weekend
Detention, Good Behaviour
Bonds, Home Detention and
Imprisonment
Past Penalties - Whipping,
Exile, Deportation, Torture &
Capital Punishment
(Hanging, Electrocution, Gas
Chamber, Guillotine and
Shooting
Rights and
Responsibilities
Rights of the Victim
The right to have the police
investigate any allegations the
victim makes
The right to protection
from the accused
person
The right to be made
aware of the progress of
the case
The right to make a victim impact
statement (The victim/family has the right
to make a statement to court before the
judge/ magistrate passes sentence)
Rights of the Accused
The right to remain
silent
The right to not be
detained unless they have
been formally arrested
The right to not
have their past
convictions
mentioned during
their trail
The right to have their interviews with
police recorded
Rights of Witness
The right to give their
evidence free from fear or
revenge
The right to protection should
giving evidence place them or their
family in danger
Parties in Civil Case
To present
evidence that is
accurate and true
The right to
cross-examine the
witnesses called by the
other side.
Protection
provided by the
law and
Resolving
Disputes