Proven Guilt Series: Part Two

Key Knowledge Areas: 4, 5, and 6

Types of Crime

• Crime Against the Person

  • Involves harming or endangering a person
  • Examples: Assault, Homicide (e.g., manslaughter)

• Crime Against Property

  • Involves destruction, damage, or theft of property
  • Examples: Arson (burning down a structure), destruction of private property

Distinction between Summary and Indictable Offenses

• Summary Offenses

  • Minor or low-level crimes
  • Heard in Magistrates' Court (lowest court in Victorian hierarchy)
  • Examples: Petty theft, graffiti, minor drink driving
  • No jury present during the trial
  • Governed by the Summary Offenses Act 1996

• Indictable Offenses

  • Serious criminal offenses
  • Heard in County Court or Supreme Court, depending on severity
  • Examples: Murder, rape, serious assault
  • Jury of 12 present during the trial
  • Governed by the Crimes Act 1958 (and other acts)
  • Indictable Offenses Heard Summarily
    • Serious but not overly serious offenses (e.g., higher-end theft, obtaining property by deception)
    • Can be heard in Magistrates' Court
    • Max penalty of 10 years

Participants in a Crime

• Principal Offender

  • Person who commits or is heavily involved in the crime
  • Example: In a jewelry store robbery, both the robber and the getaway driver are principal offenders

• Accessory

  • Assists a principal offender after the crime
  • Example: A friend misleading police to protect the robbers
  • Can face imprisonment or other punishments

Practice and Key Takeaways

• Distinguishing Concepts

  • Be clear on differences between principal and accessory, summary and indictable offenses
  • Use practice scenarios to identify principal offenders and accessories
  • Always start answers with the key difference when asked to distinguish concepts

• Types of Offenses

  • Summary: Minor offenses
  • Indictable: Serious offenses
  • Indictable heard summarily: Indictable but within certain limits for quicker processing

• Roles in Crime

  • Principal: Involved in committing the crime
  • Accessory: Helps after the crime has been committed

Use the jewelry store example to clearly understand the roles of principal and accessory in crimes.