Introduction to Sanctions (VCE SSCE Legal Studies): Revision Notes
Introduction to Sanctions
Purpose of criminal law
Criminal law serves to protect the community by establishing which acts or omissions constitute crimes and setting appropriate penalties for those who commit them. Despite laws being in place, individuals may still breach these rules, requiring courts to determine guilt and impose penalties.
When someone commits a crime, society expects justice to be achieved. The criminal justice system ensures this through various mechanisms including enforcement institutions, court processes, jury trials, and sentencing practices.
Criminal prosecutions in Victoria
Who prosecutes criminal cases
Criminal cases are initiated by the prosecution, which pursues the case on behalf of the state rather than individual victims.
In Victoria, different bodies prosecute different types of offences:
- Director of Public Prosecutions (DPP): The independent officer responsible for commencing, preparing and conducting prosecutions of indictable offences on behalf of the State of Victoria.
- Office of Public Prosecutions (OPP): The Victorian public prosecutions office that prepares and conducts criminal proceedings on behalf of the Director of Public Prosecutions.
- Victoria Police officers: Sometimes prosecute summary offences, though this depends on which body is enforcing the particular law.
Types of offences
Courts handle two main categories of offences differently based on their seriousness:
Indictable offences: Serious crimes prosecuted by the DPP and OPP. These are more serious criminal matters that require more formal court processes.
Summary offences: Less serious crimes that may be prosecuted by Victoria Police or other enforcement bodies depending on the nature of the offence.
The distinction between these offence types is crucial because courts treat them differently in terms of procedures and jurisdiction.
Who can be accused
An accused in criminal proceedings can take different forms:
- Individuals: Natural persons who may face criminal charges
- Companies: Business organisations that can be charged with crimes
- Associations: Other forms of organisations that may face criminal prosecution
Companies and criminal liability
Organisations can be charged with various crimes including:
- Tax fraud
- Workplace health and safety offences
While companies cannot be imprisoned, their directors or other individuals involved in the crime can face jail time if they participated in the criminal conduct.
Case study: Victorian racecourse club fined
Worked Example: Company Criminal Liability
This real case illustrates how companies face criminal liability for workplace safety violations:
Background: In August 2019, a 22-year-old apprentice jockey and her training partner were riding horses on a bush trail operated by a turf club. The horses became spooked in dark conditions, causing them to stop suddenly. Both riders fell, and tragically the apprentice jockey died at the scene.
Investigation: WorkSafe Victoria (a Victorian body with power to ensure workplace safety and legal compliance) investigated the incident. The investigation revealed:
- The bush trail contained features that could spook horses in darkness
- These hazards included encroaching tree branches, pooled water, and other wildlife
- The turf club could have reduced health and safety risks through measures such as:
- Limiting trail access to daylight hours
- Installing floodlights to improve visibility
Outcome: In February 2023, the County Court in Melbourne convicted and sentenced the turf club after it pleaded guilty to breaching health and safety laws. The sanctions imposed included:
- A fine of $250,000
- An 'adverse publicity order' requiring the turf club to advertise the outcome of the case publicly
This case demonstrates that companies have legal obligations to maintain safe workplaces. Failure to comply with these obligations can result in criminal prosecution and significant penalties, even when the company itself cannot be imprisoned.
Criminal justice system overview
The criminal justice system addresses several key areas:
- Institutions that enforce criminal law (such as WorkSafe Victoria, Victoria Police, DPP/OPP)
- The balance between institutional powers and individual rights
- The role and jurisdiction of Victorian courts in determining criminal cases
- The role of juries in criminal trials
- Sentencing, including purposes and types of sanctions, and alternative approaches
These components work together to ensure criminal law is enforced effectively and criminal cases are resolved fairly.
Key differences from civil law
An important distinction exists between criminal and civil proceedings:
Criminal cases: Can only be heard by courts. Courts have exclusive jurisdiction to:
- Decide a person's guilt
- Hand down sanctions
Civil disputes: May be heard by courts or other dispute resolution bodies, offering more flexibility in how matters are resolved.
This difference reflects the serious nature of criminal matters and the need for formal judicial processes when someone's liberty or criminal record may be at stake.
Remember!
Key Points to Remember:
- Criminal law protects the community by defining crimes and setting penalties for offenders
- The DPP and OPP prosecute indictable offences, while summary offences may be prosecuted by Victoria Police or other bodies
- Both individuals and companies can be charged with crimes, though companies cannot be imprisoned
- Courts have exclusive jurisdiction over criminal cases and impose sanctions when someone is found guilty
- Criminal cases differ from civil disputes because they can only be heard by courts, not alternative bodies