Criminal Law (VCE SSCE Legal Studies): Revision Notes
Criminal Law
Introduction to criminal law
Criminal law plays a vital role in maintaining an orderly and safe society. Laws establish clear boundaries for what behaviour is acceptable, helping people to live together peacefully. This is known as achieving social cohesion. Beyond setting standards, laws also establish individual rights and protect both society and our personal safety.
Criminal law is a specific area of law that identifies and outlaws certain behaviours and actions that are considered unacceptable. These prohibited behaviours are called crimes, and the law also sets out sanctions (penalties) for those who commit them.
The fundamental purpose of criminal law is to achieve social cohesion and protect the community by clearly defining what conduct will not be tolerated and what consequences follow when these rules are broken.
What is a crime?
A crime is an act (doing something) or omission (failing to do something) that meets three essential criteria. For conduct to be considered a crime, it must be:
Three Essential Elements of a Crime:
- Against an existing law
- Harmful to an individual or to society
- Punishable by law (by the state)
All three elements must be present for something to be classified as a crime.
Let's examine each element in detail.
Against an existing law
For a person to commit a crime, they must undertake an action (or fail to undertake an action) that is specifically prohibited by current legislation. Both parliament and the courts establish laws that define which actions or inactions are prohibited and therefore considered crimes.
The requirement for an existing law means that conduct cannot be criminalised retrospectively. If an action was not against the law when it was performed, it cannot later be punished as a crime.
Worked Example: The Wage Theft Act
In 2020, the Victorian Parliament passed the Wage Theft Act 2020 (Vic) to establish the crime of wage theft. From July 2021 onwards, it became a criminal offence for an employer in Victoria to deliberately and dishonestly underpay workers.
An individual employer found guilty of wage theft may face:
- A fine of up to $230,000, or
- Imprisonment for up to 10 years
Before this law came into effect, wage underpayment might have been a civil matter but was not a crime in Victoria. This demonstrates that conduct only becomes criminal once legislation is in place.
Harmful to an individual and to society
A criminal act or omission creates harm on two levels: to the direct victim and to the broader community. Understanding this dual impact is crucial to appreciating why society treats criminal behaviour so seriously.
Impact on victims
Crimes can harm victims in multiple ways, including:
- Physical harm – bodily injury, pain or death
- Financial harm – loss of money or property
- Psychological harm – emotional distress, trauma, anxiety or fear
Often, victims experience a combination of these harms simultaneously.
Impact on society
Crimes also negatively affect the entire community by:
- Decreasing the community's sense of wellbeing and safety
- Undermining public confidence in social order
- Increasing the need for expensive resources such as police, courts, prisons and hospitals
- Creating a climate of fear or uncertainty
Victimless crimes: Some offences are described as victimless crimes because they appear to only harm the offender themselves. However, these crimes are still harmful to society. A victimless crime is an offence that only involves the offender(s) and where no direct victim suffers immediate harm. Nevertheless, the offence goes against what society considers acceptable and can indirectly harm individuals and the wider community.
Worked Example: Illegal Drug Consumption
Consuming illegal drugs might appear to be a victimless crime, but it actually impacts:
- The offender's family and friends who suffer emotional and sometimes financial consequences
- The broader community through an escalation in theft and violent crimes committed to support drug habits
- Society's values by potentially creating an assumption that such behaviour is acceptable
- Public resources through increased demand for health services, police and courts
This demonstrates that even when there is no direct victim, the harm to society is real and significant.
Punishable by law
The third essential element of a crime is that it must be punishable by the state. This means that a person found guilty of committing a crime can have a penalty (called a sanction) imposed upon them by lawful authority.
In Victoria, penalties for criminal offences are typically imposed by the courts, but other authorities can also impose sanctions if they have been given the power to do so. These authorities include local councils, VicRoads and Victoria Police (particularly for traffic offences).
Common sanctions include:
- Fine – a sanction requiring the offender to pay a specified amount of money to the state
- Imprisonment – a sanction that involves removing the offender from society for a stated period and placing them in prison
Other sanctions may include community correction orders, good behaviour bonds, or license suspensions, depending on the nature of the offence.
The fact that crimes are punishable by the state (not by the victim) is fundamental to maintaining order and preventing vigilante justice.
Purposes of criminal law
Criminal law serves four key purposes in Australian society. Each purpose reflects a different aspect of how the law protects individuals and maintains social order.
Protecting individuals
Criminal law aims to protect individuals by establishing crimes and processes to deal with people who commit these crimes. By making certain behaviours illegal and imposing penalties for them, the law creates a deterrent effect and provides consequences for those who harm others.
Examples of protecting individuals:
Laws that make murder, theft, rape, arson and robbery crimes are all aimed at protecting individuals from these types of harmful behaviours. When someone commits assault, for instance, they can be prosecuted and punished, which both penalises the offender and sends a message that such behaviour will not be tolerated.
Protecting property
Criminal law aims to protect both privately owned property and public property. This protection extends to various forms of property including:
- Land and real estate
- The natural environment
- Personal goods and possessions
- Intellectual property
Examples of protecting property:
It is an offence to trespass on another person's land without permission. Similarly, stealing (taking without permission) another person's property is a crime. These laws ensure that people can own and enjoy their property without fear of it being damaged, taken or unlawfully used by others.
Environmental protection laws also fall under this purpose, making it a a crime to pollute waterways or illegally clear protected land.
Protecting society
Criminal law aims to protect the community as a whole by setting clear standards and making it explicit what behaviour is not tolerated by the community and the legal system. This function helps to maintain public order and community safety on a broad scale.
By prohibiting certain behaviours, criminal law establishes community values and expectations. This creates a shared understanding of acceptable conduct and helps prevent social breakdown.
Examples of protecting society:
Laws prohibiting drug offences protect society from the widespread harm that drug distribution and use can cause, including crime, health costs and social disruption. Similarly, terrorism offences are designed to protect society from threats to public safety and national security. Speed limits and drink-driving laws protect the community by reducing road trauma.
Protecting justice
Criminal law aims to promote justice by providing formal processes to deal with offenders and to enforce the law. This purpose is crucial because it ensures that the legal system, rather than individuals, is responsible for determining guilt and imposing punishment.
Having the state enforce criminal law serves several important functions:
- Prevents victims of crime, and their family and friends, from taking the law into their own hands
- Ensures fair and consistent application of laws
- Provides proper procedures and safeguards for both victims and accused persons
- Maintains public confidence in the justice system
- Prevents cycles of revenge and vigilante justice
Why state enforcement of justice matters:
If victims were allowed to punish offenders themselves, punishments would be inconsistent, potentially excessive, and based on emotion rather than established legal principles. The state's role in administering justice ensures that punishments are proportionate, fair and based on evidence and proper legal processes.
Exam guidance
VCE Legal Studies Assessment Tips
When answering questions about criminal law in VCE Legal Studies assessments, ensure you:
- Define key terms accurately – Always define terms like crime, criminal law, sanction when they are relevant to your answer
- Explain all three elements – When discussing what constitutes a crime, address all three elements (against existing law, harmful, punishable)
- Use specific examples – Support your explanations with relevant Victorian or Australian examples
- Distinguish purposes clearly – When discussing purposes of criminal law, explain each purpose separately and provide examples
- Link to social cohesion – Where appropriate, connect criminal law concepts back to the broader goal of achieving social cohesion and protecting the community
Common command words:
- Describe – provide key characteristics or features
- Explain – provide reasons or make clear why something happens
- Discuss – consider different perspectives or aspects of an issue
Remember!
Key Points to Remember:
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Criminal law defines prohibited behaviours (crimes) and outlines sanctions (penalties) for those who commit them, helping to achieve social cohesion and protect the community.
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A crime must have three elements: it must be against an existing law, harmful to an individual or society, and punishable by law (by the state). All three elements must be present.
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Even victimless crimes harm society indirectly by impacting the offender's family and friends, potentially escalating other crimes, and undermining community standards.
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Criminal law serves four key purposes: protecting individuals, protecting property, protecting society (maintaining public order and community safety), and protecting justice (providing formal processes and preventing vigilante action).
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Sanctions (such as fines and imprisonment) are imposed by the state, not by victims, ensuring fair, consistent and proportionate punishment while preventing revenge and vigilante justice.