2. Criminal Offences Flashcards
Categories of crime
Crimes generally grouped into categories:
Unlawful homicide Assault/sexual assault Public order offences Property offences Drug offences Offences against the state Road traffic offences Environmental offences
Indictable offence…
Crimes charged/prosecuted by way of indictment (document that sets out particulars of charge)
More serious offences
Summary offence…
Minor offences that only require a police report (not an indictment)
Criminal responsibility …
Encompasses how we determine and who should be held criminally responsible- must be able to prove the elements of the crime
Elements of a crime…
Elements that must exist before a person can be convicted.
Two main elements: conduct elements + mental elements
Conduct elements…
The action or external/physical element of the crime
‘Actus Reus’
Mental elements…
The intention or mental statement of the person committing the crime
‘Mens rea’ or fault elements
Subjective mental elements…
Mental elements are generally subjective eg what the accused intended or believed
Intention
Recklessness
Knowledge
Objective mental elements…
Some crimes include objective elements (eg what would a reasonable person believed in the circumstances)
Eg manslaughter
Recklessness…
Foresight of a risk that a consequence might occur, or that a circumstance exists and acting in a way results in the risk
Proviso - accused must be unjustified in taking the risk they believe to be present
Negligence…
Judges a person’s action on what a reasonable person would have done
Supported by community welfare principle - shared obligations that come with community require people to exercise care in their actions
Intention…
Intention = purpose
You intend a consequence if it is your purpose to achieve that result
Denotes a mental state in which a person acts with the purpose to achieve a result
Motive is different from motive (the emotional force behind conduct)
Doctrine of complicity…
Regards people who assist or encourage others to commit a crime as deserving of criminal condemnation
Referred to as ‘Accomplices’
Person committing crime = principal offender
Attempt…
Criminal sanctions may be imposed on people who attempt to commit a crime but fail
Conduct element = conduct that unambiguously indicates intent to commit crime (more than just preparatory) -must be an OVERT ACT
Mental element = intention
Law of conspiracy
Prohibits 2 or more people on grounds of social defence from agreeing to commit some types of crimes
Conduct element = the agreement
Mental element = intention only
Extension of the criminal law
