criminal law

The relationship between crime and evidence


 All offences are made up of elements.

 In order to convict someone of a crime the court must be satisfied that ALL of the elements

of that crime are ‘proved.’

 Now, some of the elements might be agreed, so that the prosecution does not have to

‘prove’ them.

 The rest the prosecution must prove, beyond a reasonable doubt.

 If proof fails on any element the person cannot be convicted of that crime, though a lesser

amount of elements may be some other crime.

 If the accused raises a defence the prosecution must prove they do not have access to it

(beyond a reasonable doubt).


The exceptional defence


 A defence of insanity is different, if that is what the accused is relying on then the accused

must prove, on the balance of probabilities ( a lower standard) that they were not mentally

competent at the time of the offence.

 Why is that?


The Bicycle and Duck Act (WA) 2023


 Section 43:

It is an offence to ride a bicycle to the park and then feed the ducks.

 Section 49:

It is an offence to leave food in the park where ducks may eat such food.

 What are the elements of these offences?