Criminal and civil law in Australia

Criminal Law

            Criminal law is one of the oldest forms of law used in Australia. In practice, a representative (prosecutor) is selected to prosecute an individual accused of breaking the policies that govern the community. Going against the agreed laws and policies that govern the community is considered a criminal act especially if the offense is committed against the public, an individual, society, or the state. The individual can be found guilty of the criminal offense if the actions engaged in were against the law regardless of whether it caused harm to others in the process.

           The laws used in Australia bear close similarities with those used in different parts of the world. The laws consider acts such as theft, sexual assault, and murder to be wrong and those found guilty are punished by the law (Finlay & Kirchengast, 2019). There are criminal law codes in different jurisdictions across the country that deal with criminal offenses and ensure that justice is delivered. 

           For an individual to be found guilty of a crime there must be sufficient evidence to prove that the individual committed the crime. The evidence must prove that beyond any reasonable doubt that the crime would not have occurred were it not for the involvement of the accused (Finlay & Kirchengast, 2019). The judge and jury then make rulings based on the evidence presented and their moral code to determine whether the accused is guilty or not.

Civil Law

           Civil law refers to actions that result in harm or loss to another person or entity. Civil lawsuits are used in court by individuals who experience some form of harm resulting from recklessness or negligence from another person. The civil lawsuit can be filed regardless of whether the recklessness or negligence from the accused broke any laws or not. If, for example, a customer slips and falls due to slippery floor in a supermarket, the customer can file for a civil slip and fall lawsuit to get compensated for any injuries resulting from the fall. An argument can be made that the management was negligent and failed to keep the walking area safe for its customers.

           Civil law deals with disputes that occur between citizens in a society that cause some form of harm or inconvenience despite the actions not being against the law. Both parties involved in the conflict are expected to collect evidence and make their case in front of a judge (Gans, 2012). Similar to criminal law cases, a judge evaluates the evidence presented and uses the information together with what community and state laws to determine who was at fault and what needs to be done to resolve the dispute.

           Rulings made in civil cases are different from criminal cases as they can be contested if any member feels that the ruling made was wrong. The appeal is then taken to a higher court until it reaches the highest court (Gans, 2012). The ruling made by the high court is however final and no further appeals can be made once the case reaches this level. Unlike in criminal cases, civil cases only require the plaintiff to provide a preponderance of evidence to show that the accused was more likely to have committed the crime (Australian Government, 2010). The accused can therefore be found guilty even in the absence of sufficient evidence to prove beyond a reasonable doubt that the accused was guilty.

 

 

 

References

Australian Government, (2010) “Civil and criminal proceedings” Autralian Law Reform   Commission, retrieved from, https://www.alrc.gov.au/publication/family-violence-a-        national-legal-response-alrc-report-114/8-family-violence-and-the-criminal-law-an-        introduction-2/civil-and-criminal-proceedings-2/

Finlay, L., & Kirchengast, T. (2019). Criminal law in Australia. LexisNexis Butterworths

Gans, J. (2012). Modern criminal law of Australia. Cambridge University Press