LLW1001 Criminal Law

LLW1001 Criminal Law

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LLW1001 Criminal Law

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LLW1001 Criminal Law

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Course Code: LLW1001
University: Macquarie University

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Country: Australia

Discuss about the Criminal Law for Criminal Code Act.

Generally, individual culpability indicates the seriousness of an offence, wherein culpability means the circumstances, intentions or motives of the offenders, for which they are liable according to the level of seriousness[1]. The main objective of this paper is to evaluate whether s323 (1) (d) of the Crimes Act 1958 (Vic) or the s 8(1) of the Criminal Code Act 1983 (NT) most affectively addresses the individual responsibility/guilt in a joint criminal venture. Hence, this research paper incorporates reasoned arguments for the laws of both the jurisdictions based on the joint venture of the criminal offences.
In order to critically evaluate the two jurisdictions, primary understanding of the reversal of the ‘onus of proof’ must be done. The Australian law, which was inherited from British, stated that until an individual is proved guilty from the point of view of law, he/she must be considered innocent. There are certain offences that falls under the regulations passed by the government of Australia and those individual accused with these crimes needs to prove his/her innocence, which is known as the ‘onus of proof’ reversal. The reason is that, instead of the prosecution proving the offence of the person accused, the innocence must be proved such as deemed for the supply of drugs, goods in custody, proposed protesting, unexplained wealth and such other cases alike. However, reversal of ‘onus of proof’ is valid in various cases however there are exceptions as well[2].
In keeping with the section 323(1)(d) of Crimes Act 1958 (Vic), the act is based on the clause that if a person enters into an agreement or a joint venture with other people knowingly intending to commit an offence, will be considered as involved in the offence charged[3]. Whereas, as per Criminal Code Act 1983 (NT), section 8(1) states that, the offender while having common purpose of prosecution shall not be deemed for punishment under ‘the contempt of court’ as well as under the code for the same act[4]. For instance, there may be intentional or reckless injuries that may be caused by the offenders and accordingly prosecuted especially if there are any serious injuries as per an individual’s intentions owning to maximum level of penalty. In the case of ‘R v Secretary, threatening words was considered as continuing assault and accordingly was deemed liable for the respective punishment under the act[5].
Therefore, it can be concluded that as far as individual culpability is concerned, no matter with which level of intention he/she had committed an offence with the collaboration of others, each and every member will be equally liable. Hence, the reversal of ‘onus of proof’ and the individual culpability with respect to Criminal Code Act 1983 and Crimes Act 1958 (Vic) were evident with the case scenarios. Thus, it can be opined that Crimes Act 1958 (Vic) best addressed individual culpability in the case of any collaborative offences or joint ventures.
Ashworth, Andrew, Sentencing and Criminal Justice (Cambridge University Press, 2010)
Lanham, D, et al, Criminal Laws in Australia (Federation Press, 2006)
FALM, Crimes Act 1958 – Sect 323, Victorian Current Acts, .
FALM, Criminal Code Act – Sect 8 contempt of court, Northern Territory Consolidated Acts, .
Nedim, U, Guilty until proven innocent: Is it fair to reverse the onus of proof? NSW Courts, (7 April, 2015) . 06) 73.

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