-Criminal law is public law. The state must prove its case beyond reasonable doubt.
-The victim in the case is the principle witness. The crown decides the charge and
whether to prosecute.
-You are not a compellable witness in your own criminal prosecution.
Doctrine of Strict Construction- a rule of statutory interpretation: when interpreting
the criminal code, interpret very narrowly and literally (put crown to its onus), and if
there is any ambiguity in matching activity with the written offense, it must be
absolved in favour of the accused person. Helps the accused person
-Federal government has the exclusive ability to change/write the criminal code
-Criminal act must be in the code. This is to make it even harder for the crown to
prove the accused guilty. The list is exhaustive and complete. Protects the accused
-Guy tells his lawyer that he killed the constable, and why he did it. What you tell a
lawyer is protected; they can not tell anyone what you said without your express
-He could never have a fair trial again in Australia, so he was just set free! We care
about process and the system’s fairness.
Punish and deter- specific or general. You want to prevent that person from doing it
again. You want to specifically deter the criminal from doing it again, and generally
deter the public at large from doing it.
Actus reus- the physical act of omission that is a criminal offense
Mens rea- the guilty mind, to intend its consequences
Charges must be subjective. You can claim stupidity and be considered not guilty.
You do not have to know that what you are doing is a