What is crime?

• Define crime in your own words before

you start the lesson
Crime
• A crime is what the legislature says is a crime.
• An action or omission which constitutes an offence and is
punishable by law.
• It is conduct that attracts a penal sanction that is enforced by the
state.
• Reflects the attitudes and values of a society (jurisdiction).
Again, define crime in your own words.

- Behaviour in one society may be unacceptable in another society

(for example different countries)
- Consumption of alcohol, adultery (cheating), drug use and some
forms of political opinion
- Any visitor to those countries must observe those laws
Proceedings
• The prosecution has to establish the guilt of the accused
person.
• NOTE: there is a considerable difference between being
innocent and being not guilty.
• A ‘not guilty’ finding means that the prosecution has failed to
establish the guilt beyond reasonable doubt.
• Meaning the magistrate/jury must be satisfied that the
accused is guilty without any other logical explanation.
Offences
Offences are classified into two different types
•Indictable offence (serious matters) heard before a judge
and/or jury
•Simple offences (lesser charges) heard before a
magistrate/justice of the peace without a jury.

•List three example offences for each.

Victims of crime
• Civil law has always provided a remedy for persons who have
suffered a loss or injury through the acts of others.
• Although it is theoretically possible for a person who has
suffered an injury or loss through the criminal conduct of
another to seek a remedy in the civil courts, it is a difficult
process.
• Frequently even if the court action is successful, it may be an
empty victory as the offender may be unable to pay any
compensation (lack of money/ declare themselves bankrupt.)
• Australian jurisdictions have introduced a statute based
system of compensation for persons who suffered criminal
injuries.
Remedy for victim
• Australian jurisdictions have introduced a statute based
system of compensation for persons who suffered criminal
injuries.
• However there is a monetary limit on the amount that can be
awarded although the state itself makes the payment (usually
ex gratia)(sense of moral obligation not a legal requirement).
• This does provide some compensation.
• Criminal Offence Victims Act 1995 (Qld) and the Penalties and
Sentencing Act 1992 (Qld) operate to provide redress and
financial compensation for victims of crime. (max $75, 000)
Student Task
1. Read the following information regarding victim
compensation
2. Summarise into 66 words
https://gouldson.com.au/compensation-claims-and-the-crim
inal-offence-victims-act/

During the holiday season, criminal offences will rise in number.

Criminal offences not only leaving physical but mental
injuries are more frequent. Depending on the damage to a
person from a crime, the money you will get in return may
vary. The more damage from a crime the more maximum
compensation is $75,000 within the current legal system,
this act is called the COVA
Other Factors
Other factors
• Some states have mechanisms in place so the victims and
others can be informed of the subsequent release of offenders
from incarceration.
• QLD= the Concerned Persons Register.
• In 2008, the Corrective Services Act 2006 (Qld) was amended to
enable persons who are seeking compensation against a
prisoner to have another opportunity in a situation where a
prisoner is awarded compensation for an injury suffered by the
prisoner arising from their imprisonment or supervision. This
money is paid to the Victim Trust Fund not the prisoner, where
if compensation needs to be paid out to the victim, it will be.
• Also the Australian and State governments can claim money
from the victim trust fund to pay unpaid fines and child support
of the prisoner.
Identify the advantages and
disadvantages to all stakeholders
regarding victim compensation
Stakeholders are anyone directly or indirectly affected by the situation

Stakeholders (direct Disadvantages Advantages

and indirect)
Victims family
Victim
Defendant
Judge
state