LECTURE 01 - INTRODUCING THE CRIMINAL LAW Functions of Criminal Law: - Criminal law if found guilty the accused can be incarcerated and fined - Civil Law: if liable the the defendant has to compensate the plaintiff - Distinguish civil wrongs from criminal wrongs: - Stipulate the degree of seriousness of criminal conduct - Impact of victims - Extent of culpability of offender (accountability) - Degree of liklihood of crime Sources of Criminal Law 1. Legislation = statutes of Acts of Parliament - Example: Criminal Code Act 1995 (Cth) 2. Case Law = judge-made law (CC = Case & Common) - also referred to as the common law - Examples: Thomas v Mowbray (2007) 233 CLR 307 A Federal System of Government - we both have a national government and multiple state governments - Not all governments are federal, which are and which are not? PRO: protecting us from tyranny, dispersing power, increasing citizen participation, and increasing effectiveness CON: supposedly protecting slavery and segregation, increasing inequalities between states, states blocking national policies, and racing to the bottom in terms of how they treat their citizens. Jurisdiction - a courts power to hear certain matters - Examples: - Civil vs Criminal Jurisdiction - Local vs District vs Supreme Courts - State vs Federal Courts - Original jurisdiction vs appellate jurisdiction - Cross-vesting of jurisdiction Court Hierarchy (M/L,C/D,SS) - See Flow Chart Learning@griffith - Supreme Court of Appeals - Supreme Court ^ - County/District Court ^ - Magistrates' Court/Local Court ^ Local Magistrates Courts - bottom of the rung - Criminal and civil jurisdiction - Criminal jurisdiction = summary offences, indictable offences heard summarily (summary hearings/trials) and committal proceedings for indictable offences (committal hearings) - No appellate jurisdiction (except technically for some minor things like challenging parking fines - Summary hearing / summary trial District Courts - Criminal and civil jurisdiction - Hears most indictable offences in jury trials - Limited appellate jurisdiction = can hear matters from local (magistrates) court
State Supreme Courts - Trial Division: Original civil and criminal jurisdiction, but only hears most serious criminal cases (e.g. murder, terrorism) - Court of appeal: hears appeals from district court and supreme court trial division and usually only hears appeals on questions of law (not fact) High Court - highest court in the land - Has original jurisdiction to hear matters in which the commonwealth is a part and constitutional matters - Has appellate jurisdiction - Requires 'special leave to appeal' - case must be of public importance or in the interests of the administration of justice (cant just appeal conviction or sentence to the high court) The Rule of Law - A.V. DICEY: - Society is ruled by laws rather than arbitrary power - No person is above the law (i.e. criminal laws still apply to members of the government) - Contemporary legal theorists link the rule of law to notions of equality, liberty, justice and human rights Due Process: UAE - also referred to as natural justice - Rights