Criminal law: charge, elements, defences and burden
Break a criminal allegation into the offence elements, available evidence and possible legal issues.
Learn
A criminal charge should be analysed by identifying the exact offence, each element the prosecution must establish, the evidence said to prove each element, and any defence or evidentiary issue. Criminal offences and procedure differ across Australian States and Territories, so the current provision for the learner’s jurisdiction must be checked.
See it
Instead of arguing “this is unfair”, build an elements table with one row per element and columns for prosecution evidence, defence evidence and disputed issue.
Try it
Create an elements-of-offence worksheet using the current official legislation source for the learner’s State or Territory.
Complete the mission
Build an evidence matrix for a fictional criminal charge.