Criminal Law

Criminal law in Victoria, encompasses a body of laws that define criminal offenses, establish penalties and outline the legal processes for prosecuting individuals accused of crimes.

Sources of Criminal Law

The framework for criminal law in Victoria is primarily governed by statutory laws like legislation and common law like court-made law as listed below:

• Legislations is the primary source of criminal law in Victoria which are listed below:

• • Crimes Act 1958 that outlines various offenses and their corresponding penalties.
  • Summary Offences Act 1966 which covers less serious offenses like summary offenses.
  • Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 which addresses issues related to mental health and criminal responsibility.
  • Sentencing Act 1991 that governs the principles of sentencing in criminal matters.

• Common Law which has many principles of criminal law are established through judicial decisions made in courts which interpret and apply statutory laws.

Types of Offences

Criminal law representation covers a wide range of offences which can be classified into the following categories:

• Summary Offences are minor offences heard in the Magistrates’ Court which include petty theft, public disorder offences and minor traffic violations.
• Indictable Offences are more serious offences typically heard in the County Court or Supreme Court which include assault, robbery, sexual offences and murder.

Sentencing Principles

The Sentencing Act 1991 outlines various principles that judges must consider when imposing sentences. These include:

• Deterrence is where the sentences should deter the offender and others from committing similar offenses.
• Rehabilitation is the consideration of how the sentence can aid in rehabilitating the offender.
• Protection of the Community is ensuring public safety and protection from further offenses.
• Restorative Justice is acknowledging the impact of the crime on victims and the community.

Defences in Criminal Law

Defendants may raise various defences in criminal cases including:

• Self-Defence is where claiming the use of reasonable force to protect oneself.
• Mental Impairment is arguing that the defendant was mentally unfit to understand the nature of their actions at the time of the offense.
• Duress is claiming that the defendant was compelled to commit the crime under threat of harm.
• Mistake of Fact is arguing that the defendant made an honest mistake that negated their criminal intent.

Our Involvement

Our role only involves providing initial consultation and preliminary legal advice. We may refer a lawyer or law firm that specializes in the relevant field or engage a barrister.