The criminal justice system is in place to maintain law and order, and ensure anyone that commits a crime that hurts other people, gets punished. However, for you to be convicted and to serve jail time for a criminal offence, the prosecution looks at two elements; the prohibited act and your mental state when you committed the crime.
Therefore, to be convicted of a criminal offence, the prosecution must prove that you had the intention of hurting someone or causing damage when you broke the law. You also need a lawyer to scrutinize the specifics of the case and defend you in court. Here is what you need to know about these two elements and how they affect your case.
Consent and Criminal Cases
The law looks at the crime from the viewpoint of the violator and the one who has been violated. So, for example, if you hit another person intending to hurt them for something they did to you, it is considered assault.
On the other hand, if you accidentally strike someone and injure them, your criminal culpability is less because you did not pre-meditate the act. That's why you need to have a lawyer by your side. There is also the liability that comes from recklessness, and most of it is covered by personal injury law.
Strict Liability Offences
Some offences fall under the strict liability category. Strict liability means that the prosecutor does not have to prove whether you had a guilty mind when you committed the crime. Instead, the mere fact that you committed the crime is enough to convict you of the criminal offence.
For example, suppose you were overspeeding on the highway, and you struck down a pedestrian. In that case, you will be liable for the injuries and damages they suffer because overspeeding is a strict liability offence. The same is true for cases of driving while intoxicated, but a reliable lawyer can help protect your rights and interests.
Ancillary Criminal Culpability
Most of the people charged in criminal cases are offenders. However, in some cases, people are charged not for committing the crime but helping the one who committed the crime. For example, you get ancillary criminal culpability if you promote, conspire, aid, or abet a crime.
For example, if someone robs a bank, and you help them escape by driving the getaway car, you could be charged along with them. Similarly, you could be charged as an accessory if someone kills and you learn about it and fail to report it. Regardless of the charges, a lawyer can help you defend yourself and predict the outcome.
These are simple things that you should understand about criminal cases and how the prosecution works. Speak to a lawyer as soon as you are charged with a criminal offence. They will help you formulate a winning defence.Share
19 August 2021
No one gets married planning to get divorced, but by the time I see them it's pretty obvious why they are getting divorced. When a marriage is beyond repair I'm there to fight for my clients right's under family and property law and to get them the best deal I can possibly negotiate. Even if you feel like your case is messy or complicated, I can guarantee in my time as a lawyer I have seen and heard worse things! This site has a collection of useful articles and links on developments and case law in the Family Court of Australia.