Criminal law is a complex area of law because it operates within the criminal justice system. Crimes prosecuted under criminal law are shaped by several key principles outlined below.
Crime – General Principles of Criminal Law
There are many principles in criminal law. Five core principles are discussed here:
- Evidence
- Criminal intent
- Presumption of innocence
- Proof beyond reasonable doubt
- Defences
Evidence
The starting point is that every person is innocent until proven guilty. Evidence is therefore critical. It is the lynchpin for findings of fact. Without admissible evidence, a matter risks becoming a he said or she said dispute.
Evidence must be considered in context. A single message or clip can be incomplete or misleading if earlier or later parts are omitted. For example, text messages often show only part of a conversation. Selecting only the favourable parts can be risky if the remainder alters the meaning. See our guidance on courtroom representation.
Another important concept is double jeopardy. A person cannot be tried twice for the same offence, which protects against repeated punishment for the same conduct.
What is criminal intent
Intent refers to a person meaning to do the prohibited act and to bring about the outcome. For example, striking someone to the head with a hammer intending to cause grievous bodily harm.
Proving intent can be difficult. People may claim self-defence, intoxication or impaired mental health. Each case turns on its facts and the available evidence. Learn more about criminal defences in NSW.
The presumption of innocence
In Australia, every person is presumed innocent until proven guilty. Proof must be presented, tested and evaluated at a hearing or trial before any finding of guilt.
Safeguards can still apply while a case is pending. Depending on the allegations and risk, bail conditions may be imposed or, in rare cases, a person may be held in custody before trial. If a risk to people or the community exists, action may be required. For bail help, see bail applications.
After the prosecution and defence present their cases, the Magistrate or a jury considers the evidence and decides whether the accused is guilty or not guilty.
Proof beyond reasonable doubt
The prosecution must prove the offence beyond reasonable doubt. A reasonable person is an ordinary member of the public without legal training. This promotes fairness, as the decision is based only on the evidence heard at court.
The defence aims to raise doubt about one or more essential elements of the offence. Jury trials are conducted in the Supreme Court and District Court jurisdictions. Juries decide guilt. Sentencing is for the judge alone. For process basics, see NSW criminal court procedures.
Criminal defences
There are several potential defences. Common ones include self-defence, honest and reasonable mistake, mental health defences and issues arising from intoxication. You must be able to prove the factual basis for any defence relied on.
Other defences may arise from circumstances such as accident or reliance on misleading information. Always obtain advice before pursuing a defence. Our team can assess prospects and evidence. Start here: Jameson Law – Criminal Law or contact us.
