Kidnapping Exam

Topics: Criminal law, Kidnapping, Crime Pages: 14 (5481 words) Published: June 5, 2013
Kidnapping By Will Hutchison 9N
Definition & Identification
Kidnapping: Is an area of criminal law, and is the action or crime of forcefully taking away and holding somebody prisoner, usually for ransom. This must be proven by the prosecutor. The law for kidnapping in Victoria

Crimes Act 1958 - SECT 63A
63A. Kidnapping
Whosoever leads takes or entices away or detains any person with intent to demand from that person or any other person any payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to level 2 imprisonment. Definition of a Criminal Law

Criminal Law is an area of law concerned with behaviour that is against an existing law and is harmful to society and, therefore, requires the imposition of a sanction. Elements of a criminal law

Actus Reus (the act of committing a crime), mens rea (Guilty mind), causation (the act of causing something), concurrence (where Actus Reus and Mens Rea occur at the same time) Age of criminal responsibility

Under Victorian law, a child under 10 years of age cannot be charged with having committed a criminal offence. It is assumed that a child under 10 years of age does not understand the consequences of their actions. Between the ages of 10 and 14, the law assumes a child is mentally incapable of committing a crime, but they can be charged with if the prosecution can prove that the child intended to commit the act and did so with ‘mischievous discretion’. This means that the child knew that the act was seriously wrong, more than just naughty. Children over the age of 14 can be charged in the same way adults are charged. Sources of Criminal Law

The legislation regarding Criminal law in Victoria is the Crimes Act 1958 (above). This act of parliament lists Indictable offences and their maximum penalties. An indictable offence is a serious criminal offence that allows the accused or defendant to be tried before a judge and jury. Some examples of an indictable offence include murder, rape, treason and theft. Less serious offences (summary offences), are specified in other legislation, such as the Summary Offences act 1966 (VIC), the road safety act 1986 and the racial and religious tolerance Act 2001. A summary offence is a minor criminal offence that can be heard in the Magistrates’ Court without a jury. Some examples of a summary offence include driving offences, common assault and shop theft. Strict liability crimes

Some crimes do not require the prosecution to prove mens rea, all that needs to be shown is Actus Reus. These crimes are called strict liability crimes. Strict liability refers to a crime that does not require the crown to prove that the defendant intended to commit an offence; for example, a traffic offence. Presumption of innocence

The presumption of innocence means that a person in assumed innocent until proven guilty. This applies in all common law systems that adopted the British legal system Burden of Proof
The burden of proof refers to who has to prove the case. In our legal system the burden of proof lies with the prosecution which is sometimes referred to as the crown. The crown refers to the state, which is acting on behalf of the queen, in bringing criminal charges against those who have committed crimes. The defendant does not have to prove anything. It is up to the prosecution to establish a case against the defendant. Standard of Proof

The standard of proof required to establish that the defendant is guilty in a criminal trial is beyond reasonable doubt. If it is clear that there is reasonable doubt that the defendant may not have committed the crime, they must be set free. Just because the verdict decides that the person is ‘not guilty’ does not necessarily mean that they are innocent. It means that the...
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