welcome welcome guys this is going to be part two of The Proven guilt Series so in this video we're going to be focusing on key knowledge areas four five and six so types of crime against the person and property what the clear distinction between summary and indictable offenses is and lastly the possible participants in a crime which is the principal offender and the accessories so getting stuck in this is a nice easy one to get started with is there types of crime so we have two main types the first one is a crime against the person so generally speaking a crime against a person is when you uh involves harming or putting them in danger so it doesn't necessarily have to be doing something like punching them for example any sort of indication where they might be in danger as a result of your actions can be considered a crime as against person and a few nice easy ones are things like assault and also homicides such as like man sorder our second type of crime is a crime against property so generally speaking it's when there's uh things like destruction damage or theft of a property these are all things that can be included so a common IND doubtable offense for example is aren where you set someone's house or building or school on fire for example um but it might be something like you destruct or destroy someone's private property as well so I guess why this is relevant is generally in an assessment task you might get a um offense for example and you might have to talk about which type of offense it is either person or property and be able to justify your reason why or also you might get like a case study or a stimulus material that has one of these two in them and you have to explain certain other Concepts nice and easy though uh moving on to our next one so like I was talking about in our first part this is a really common question you might get to distinguish between both summary and indictable offenses so what you need to know is a few differences between the two so first of all the most obvious one is summary offenses these are considered our very minor or low-level crimes secondly they're often heard in what's known as our magistrates court so that is our lowest court in our Victorian Court hierarchy therefore like I said minor crimes such as petty theft graffiti maybe a little bit of drink driving for example so very like minor issues not huge deals um and then second and last is that all the laws or all the offenses relating to summary offenses are primarily found in what's known as the summary offenses act 1996 and lastly if you get charged with a summary offense there will not be a jury presence so unlike an indictable offense in summary offenses there's no jury present moving on to an indictable offense consider these your really serious criminal offenses so if you find yourself committing an indictable offense they're going to be very very harsh consequences you'll go to either generally the county court if it's a minor indictable offense or you'll go to the Supreme Court trial Division if it's a really really serious crime such as murder for example so most common ones are sort of your murder rape or serious assault can be known as indictable offenses there will be a jury present in these particular cases so in criminal cases we have a jury of 12 and then for where we find the laws relating to IND doable offenses most of them are found in the Crimes Act 1958 and then there are a few other acts where they can be found but most of them are generally found in the Crimes Act the last type of thing that's really important to know as well is there's also what's known as indictable offenses which are heard sarily so what that means is that even though they are a serious offense they can be heard in the magistrates court because they're classified as serious but they're really not overly serious so uh it's a good way that we can speed up our court system for example so generally speaking a really key difference between these ones and indictable offenses is that if you want to have your case heard like a summary offense it can only carry a Max penalty of 10 years so for example you could never have your murder or your manslaughter case heard as a summary offense because it is too serious so some examples of IND doubtable offenses heard SE summarily is things like theft so more of a higher end theft can be heard summarily and then also another common one is obtaining property by deception so I guess really important to stress with those couple slides I've just G through is you need to know what the key differences between each of them are so if you want to pause the video I've popped a practice question on the board uh sorry on the um on the screen for you so a really common one you might get is distinguish which is tell me the difference between a summary and indictable offense because this one is four marks you want to kind of look at telling me a couple different things so for a question like this I would expect you to start your answer with um a key difference between a summary and IND doubtable offense is for example the nature of the offense and then you'd also want to have a prettyy clear definition of both in your answer as well so defining both summary and IND doubtable offense but making sure like I said you really are telling whoever is marking your paper what is the clear difference between these two concepts so I've got it sort of here so I recommend pausing this slide and having a go at this question here as a really good practice all right the last little concept we're going to cover off um is what's known as a uh principle of offender and an accessory offender so the way I like to think about this is a principal generally in a school is the main person who is running the show they have a lot of impact and control over certain things so for crimes a principal offender is very similar obviously the spelling is a little bit different but what you want to think about is it's the person who commits the crime and it can also be people that are heavily involved in the crime so a really good example of that might be you and your friend decide to go and rob a jewelry store your friend is driving the getaway car and you're the person robbing the store you are both principal offenders because you were both involved in the crime and you've both committed an offense on the other hand an accessory is more of like an addition to the crime so there's someone who assists a principal offender after the commission of the crime so what that might mean is your third friend knows that you committed this jewelry robbery and what they try and do is they try to mislead the police or they try and send the police in a different direction to avoid you from getting arrested or prosecuted so what that might mean is that the police come to your friend's door they start asking questions and your friend sort of deflex and leads them in a different direction to prevent you from getting caught so like I said principal main person who's committing and anyone involved in the Crim there can be multiple principal offens offenders and then the accessory um is sort of a person who can like I put here generally obstruct the apprehension or conviction of a person uh and basically they have an understanding that that person is guilty and they're trying to help to cover it up so people that get charged with accessory offenses still can face things like imprisonment and punishments as well so all right second last slide for today um with the practice task here I've three scenarios down for you here as a good little practice you can have a go at telling me for each of these three scenarios who would be the Principal offender who would be the accessory and justify your reasoning why so going back to this when you look at those case studies you want to say who is the person who committed the offense or someone was involved they will be the Principal offender and then anyone who assisted after the commission of the crime or after the crime they'll be decided as being an accessory so have a go at that as a good practice in an assessment task generally speaking like I said you'll get like a case study or stimulus and from the case study or stimulus it might ask you who was the accessory in this case and who was the principal offender and justify your reason why just want to finish up with a few key takeaways from this video the first one is make sure you know how to distinguish between two concepts so for example make sure you can distinguish between between a principle and accessory or distinguish between a summary and indictable offense so what you really want to do is if you see a question that starts with distinguish you really want to start your answer with the key difference or a key difference between these two concepts is and make sure you really make that clear what that difference is secondly just remember with our types of offenses we have our summary which is our minor offenses we have our indictable which is our serious but then also make sure we are very well aware that we have indictable offenses which are heard sarily which are still indictable offenses but they've got that Max cap and it's basically the whole purpose is it speeds it up um our courts process because going through a magistrate court hearing is much more quicker than going through uh the county or the Supreme Court for example and L lastly just remember that the principal offender is the person who commits the crime or assists in the crime in any way and there can be multiple principal offenders and just remember accessory is someone who contributes after the commission of the crime so the best way to think about that is that jewelry store example you and your friend rob a jewelry store one of you driving the getaway car one of you robbing the store you're both principal offenders but your third friend who helps to cover up or mislead the police in any way they become an accessory so hopefully that makes sense and I'll see you guys in the next video