Criminal Law Assignment Help in Sydney

Criminal law is very different from civil law. Civil law is when the two parties in conflict dispute their rights while in a criminal prosecution the government is there to give punishment or not for an act which the person has committed. And also decide if the act is criminal or not.

What is a Crime?

A 'crime' can be described as any act or omission in law which is prohibiting a particular action or omission.

If an individual commits a crime and he or she acts in such a way that it fulfills every element of an offense then they will be convicted for the crime. In, general there are three important elements of the crime which are necessary for committing the crime, they are as follows:

• Actus Reus: the act or conduct
• Mens Rea: the mental state of an individual at the time of committing the act.
• Proximate Causation or But-For Causation: it is the causation between the act and the effect of the act.

The burden of proof lies with the government to establish the elements of the crime which constitute a crime beyond a reasonable doubt.

Crimes in criminal law can be generally be divided into four categories such as :

• Felonies crimes: includes crimes like murder, robbery, manslaughter, rape, sodomy, larceny, arson, mayhem, burglary.
• Misdemeanors crimes: which include assault, battery, false imprisonment, perjury, and intimidation of juniors.
• Inchoate offenses: which include attempt, solicitation, and conspiracy.
• Strict liability
• Drug-related crimes
• Theft and fraud crime

Types of Offences Under Criminal Law

There are six kinds of offences under criminal law. They are as follows:

• Bailable offence
• Non - Bailable offence
• Cognizable offence
• Non-Cognizable offence
• Compoundable offence
• Non-Compoundable offence

In a criminal prosecution, many defenses are available for the defendant. Some common defenses in criminal law are as follows:

• Failure of proof- it is the easiest one as the defendant can say that the prosecutor was not able to prove the elements of a crime.In certain situations, mistakes can be used as a defense. There are two kinds of mistakes which are:
   

  1 Mistake of law: it means that mistake is related to the legal status or effect of some situation.

  2 Mistake of fact: it means that mistake is related to facts of the situation.

• Self-defense- the force that is used when the other person is attempting or trying to injure you.
• Defense of property: it is used when a person uses his force to protect his property from crimes that come under felony.
• Defense of others: the person has the right to protect the third party with reasonable force against an assailant who is inflicting a source upon the third party.
• Necessity: it allows an individual to engage in activities that are unlawful conduct and by doing so the individual avoids greater harm.
• Intoxication: involuntary intoxication can be pleaded by a person who was involuntarily intoxicated while voluntary intoxication can plead only to crimes that require a specific mental state.
• Insanity: in this, an insane individual cannot form the required action to commit a crime as he or she is insane and thus cannot be found guilty.

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