1. APPLY CRIMINAL LAW
QLD595JUS01A

2. Materials
Online unit guide includes
Readings
Videos
Legislation

3. Legislation Criminal Code Act 1899 Regulatory Offences Act 1985
Summary Offences Act 2005

4. How to study Law Do not try and commit it all to memory
Understand where to find the relevant information
Access electronic information whenever possible

5. Study Tips Read the unit guide and associated readings
Start to attempt the review questions
Attempting the questions will start your research and learning process

6. Legal Concepts
Greek Goddess of Justice

7. The Criminal Justice System
Investigative – police
Adjudicative – courts
Correctional – custodial/community

8. WHAT IS LAW? Rules Rights & responsibilities Reflection of society
Our lives are surrounded by rules. These rules may stem from our peer group, our families, religious influences, schools, and the workplace – just to name a few. These are non-legal rules.
We are also subject to rules made by parliament and courts. These rules are called laws and are enforced by the State through courts.
Purpose of Law
Essentially, laws are designed to keep society together and to keep society functioning. They do this by:
Protecting the individual.
Protecting the society.
Ensuring the effective and fair function of the community.
What Does Law Do?
The law reflects the way we live through the political systems of parliament, our federal constitutional structure and our electoral processes.
The law reflects the way we live through the economic systems we have created. We are free to work in areas of our choice and to use, sell and occupy land.
The law reflects the way we live through the social systems of marriage and family law, of free speech and the right to trial.
The law reduces and resolves disputes by setting boundaries of acceptable behaviour and by setting sanctions to enforce behaviour.
The law provides for change through the parliamentary process and the rules of common law.

9. External Influences Internal practices and procedures
External integration
Legislation
Common law (case law)
Judicial practice and procedure
Information sharing

10. SOURCES OF LAW Custom Common Law – court decisions
Statute Law – parliament
Delegated legislation

11. Common Law
Common law is also known as case law and arises from judicial decisions
Precedent (stare decisis) is a feature of common law systems
Precedent means that courts must follow decisions of higher courts within the same hierarchy
Precedent is dependant upon case law judgements

12. The structure of the Australian court system
The Australian Court System is based on a hierarchy of court
Bottom level – Magistrate/ Local courts presided over by magistrates; minor matters civil and minor criminal
Intermediate level – District Courts – judge; important civil matters; serious crime
Superior courts – Supreme Courts – judge/s; no limit on civil and criminal jurisdiction; hears appeals
High Court – pinnacle of Australian legal system; no appeal from its decisions

13. LEGISLATION The formal legal rules made by Parliament
It is the dominant source of law
A necessary requirement of contemporary society
Proactive

14. THE LEGISLATIVE PROCESS
A set procedure is followed:
Commencing in the House of Representatives –
1st Reading – proposed Bill presented
2nd Reading – speech & debate
Committee Stage
3rd Reading – if approved moves to the Senate & same procedure followed
Royal Assent

15. Common Law and Legislation
Common law principles subordinate to legislation
Common law needs disputes before the courts to develop principles – (Donoghue v Stevenson)
Legislation plays a reforming and modernising influence
Legislation is the voice of democracy – judges not accountable

16. Delegated Legislation
The power to make legislation remains with the Federal Parliament
This power can be delegated to the States
It is primarily in relation to matters that are insignificant to the Federal Government but of importance to the State Government

17. Legal Categories Public Law Criminal Law Administrative Law
Constitutional Law
Private Law
Contract Law
Trust Law
Family Law
Succession
Tort Law
Company Law

18. LEGAL PERSONNEL Judge Associate Jury Solicitor Barrister
Depositions Clerk
Inside a Magistrates Court Room
Virtual Tour
Inside District and Supreme Courts
Virtual Tour

19. THE ADVERSARIAL PROCESS
Criminal
Prosecution commences proceedings
Accused/defendant answers the charge
Primarily freedom at risk
Civil
Plaintiff commences proceedings
Respondent/defendant answers the claim
Primarily money at risk

20. STANDARD OF PROOF Civil Criminal
On the plaintiff on the balance of probabilities
On the prosecution beyond a reasonable doubt

22. How to read case law Case law is court judgments
Transcript of the proceedings of the matter
Written decision of the presiding decision maker
Written order of the court
Case Law databases

23. Case title The prosecuting/complaining party name is first
The defending/accused/responding party name is second
‘v’ for versus is in between and is pronounced as ‘and’
Cases starting with ‘R’ rather than a party name indicate criminal prosecution by the Crown (currently Regina)

24. CRIMINAL CODE ACT 1899

25. Locating Legislation www.legislation.qld.gov.au
On introduction page select Home
Then select Acts SL, as in force
Choose ‘C’ from the alphabetical listing box
Scroll down the page until you find the Criminal Code Act 1899 and select

26. Legislation Parts Chapters Sections
A Section is the main building block of an act. Sections themselves are broken down into smaller parts:
Sub Section
Paragraph
Sub Paragraph

27. 66 Requirements of fine option orders
Section and title
66 Requirements of fine option orders
(1) A fine option order must contain requirements that the offender—
(a) must report to an authorised corrective services officer at the
place, and within the time, stated in the order; and
(b) must perform in a satisfactory way community service directed
by an authorised corrective services officer—
(i) for the number of hours stated in the order; and
(ii) at the times directed by the officer; and
Paragraph
Sub-section
Sub-paragraph

28. Alternative location www.austlii.edu.au
National website, includes all State and Federal Legislation
Select Queensland under Cases and Legislation on the left hand side
Select Queensland Consolidated Acts under Queensland Legislation
Select ‘C’ from the alphabet listing
Locate and select the Criminal Code Act 1899
NOT as user friendly

29. Navigating legislation
Utilise the find function to locate relevant sections by entering specific offence titles
Utilise the index on the left hand side to scroll through chapters and sections according to chapter and section numbers.

30. Finding offences
What do you do to locate the penalty for murder in the Criminal Code Act 1899?
Enter ‘murder’ into the find box
Select ‘next’ or ‘previous’ on the find box to locate different uses of the word ‘murder’ in the legislation
Locate the relevant section that specifies the penalty
Answer the question with the set penalty and the section number to form the habit of locating and learning section numbers.

31. More offences
What do you do to find the elements of the offence of stealing a car?
Enter ‘steal’ or ‘steal car’ into the find box
What do you do if the find box does not locate the offence?
Enter an alternative word, like ‘motor vehicle’

32. Types of offences Indictable offences Summary offences
Regulatory offences
Simple offences

33. DEFENCES

34. Defences Explanation OR excuse?
Can you excuse any behaviour that breaks the law?
Can you explain why you behaved in a manner that broke the law?
Will society accept your explanation?

35. Presumptions
Presumption of law is something that is accepted as a fact in the absence of the evidence.
Rebuttable presumption is something that is accepted as a fact until evidence proves otherwise
Irrebuttable presumption is something that is accepted as a fact regardless of any evidence that proves otherwise

36. EVIDENCE

37. Evidence Evidence is provided to prove a fact
It can support a contested fact
It can disprove an accepted fact

38. Rules of evidence
Hearsay – evidence must be attested to first hand and not overheard
Expert – evidence that is accepted as expert in the area and therefore the knowledge is unquestionable
Admissable – allowed in court
Inadmissable – not allowed for various reasons

39. How a criminal matter gets to court and what happens there
Police investigate matter
Arrest suspect
Charge suspect with commission of crime
Bail applied for by person charged
In summary matter or by election of accused, trial by magistrate
Indictable offence requires judge and jury
Accused asked to plead
Lawyer for prosecution presents case
Lawyer for accused presents case
Judge or jury makes finding of fact
Judge applies law
Judge makes order

40. ELEMENTISATION Discuss, select offences from Criminal Code Act and provide examples of how to elementise See page 27 onwards in unit guide