Differences Between Criminal Cases and Civil Disputes

2

• Differences between criminal cases and civil disputes

Success Criteria• Define different types of criminal case • List the parties to a criminal case• Define civil dispute• List the parties in a civil dispute• Describe the consequences of civil and criminal cases.• Describe the overlap between civil and criminal

Learning Intention

Criminal Cases

• Usually between the state and an individual or individuals

• involve actions that are against the law, harmful to society and punishable by the law.

• Examples of offences covered under criminal law include murder, theft and fraud.

Parties to a Criminal Case

• Prosecution– Acting on behalf of the state to prosecute in the

case• Accused – the person accused of the crime

• Victim – who has been offended against.

Criminal Cases

Criminal Cases

Indictable Offences

Summary Offences

Summary Offences

• Minor criminal offences that are heard before a magistrate in the Magistrates’ Court– Eg. offensive behaviour.

• Many summary offences are breaches of local laws or laws made by subordinate authorities

• Offences listed in most Acts of parliament are summary offences unless an Act declares them to be indictable offences.

Indictable Offences

• Serious criminal offences that are heard before a judge and jury in superior courts such as the County Court or Supreme Court– Eg. homicide and fraud.

• As a general rule, offences listed in the Crimes Act 1958(Vic.) and the Wrongs Act 1958(Vic.) are indictable offences unless these Acts state that an offence is a summary offence.

After a crime has been committed

Drop the case because of insufficient evidence

Channel the accused into a diversionary program or a victim/offender mediation program

Send to court

Civil Disputes

• Disputes between two or more individuals or groups. • Civil actions usually involve the infringement of rights. • The aim of a civil action is to return the party

whose rights have been infringed to his or her original position (as far as possible).

• The most common types of civil actions are:– Torts (may result from negligent but not intentional criminal actions)

• eg. negligence, trespass, nuisance and defamation, and

– contract law, • involves a dispute about a legally binding agreement between two

or more parties.

Parties to civil disputes

• Plaintiff (party who has been harmed)sues the

• Defendant (party who has allegedly caused the harm)

The plaintiff seeks a particular remedy.

Resolving Civil Disputes

Court

Tribunal

Alternative Dispute Resolution

Consequences of Civil and Criminal Cases

• Consequence of being found guilty of breaking a criminal law is punishment

of the offender, determined by the court– Eg: imprisonment, a community protection order

or a fine.• Consequence of a successful civil action

usually includes damages being paid by the defendant to the plaintiff or another civil remedy

THE OVERLAP BETWEEN CRIMINAL LAW AND CIVIL LAW

Criminal Prosecution

Civil Action

Assault Case

Instigated by State

Not guilty

Instigated by Victim

Liable

Heard separatelyIn different courts?

Learning Activity

• LA - Pg 283• LA 6.1• LA 6.2