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Part 1 - Crime (yr12) > categories of crime > Flashcards

categories of crime Flashcards

1
Q

What are the four ways we can categorise crime?
(4 answers)

A

Types of offences – i.e. offence against person or drug offence, etc
Jurisdiction – i.e. NSW, Commonwealth, etc
Seriousness of offences – i.e. summary or indictable offences
Parties to a crime – i.e. if there were assistors to the crime, etc

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2
Q

What are the eight types of offences?
(8 answers)

A

Offences against the person
Offences against the sovereign
Ecconomic offences
Drug offences
Driving offences
Public order offences
Preliminary offences
Regulatory offences

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3
Q

Define offences against the person

A

Those crimes that result in some form of injury to another person

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4
Q

What are the three ofences against the person?
(3 answers)

A

Homicide
Assault
Sexual offences

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5
Q

Define homicide

A

Deliberate or accidental unlawful killing of another

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6
Q

In NSW, homicide can be 1 of the following_?
(4 answers)

A

Murder
Manslaughter
Infanticide
Dangerous driving causing death

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7
Q

Define murder

A

Premeditated killing of someone

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8
Q

What is the max sentence for murder

A

End up with life imprisonment (25 yrs)

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9
Q

For accused to be charged with murder prosecution must prove at least of 1 of the following _?
(4 answers)

A

Intention was to kill
Intention was to cause serious harm that resulted in death
Act was done recklessly w/o consideration that it may cause death
Death occurred as a result of another serious crime being committed (serious means 25yr life imprisonment)

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10
Q

Define manslaughter

A

Killing someone with less of an intention

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11
Q

What is the max sentence for manslaughter

A

In NSW maximum sentence for manslaughter is 25 years

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12
Q

Why may the accused receive this conviction if?

A

It can’t be proven they intended (level of mens rea) to kill the victim

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13
Q

What are the three types of manslaughter?
(3 answers)

A

Voluntary manslaughter
Involuntary manslaughter
Constructive manslaughter

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14
Q

Define voluntary manslaughter

A

When person kills intentionally but there is a legitimate defence i.e. provocation

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15
Q

Define involuntary manslaughter

A

Death as a result of the accused behaving recklessly or negligently w/o intending to kill

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16
Q

Define constructive manslaughter

A

Death as a result of the accused doing something else dangerous or illegal

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17
Q

Define infanticide

A

Death of baby <12 months at the hands of the mother

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18
Q

Under what act is infanticide?

A

Crimes Act 1900 (NSW) -> has to consider the state of mind of the mother

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19
Q

What is one of the most common causes of infanticide?

A

Post-natal depression is one of the most common reasons of infanticide so it is always considered in such cases - mitigating circumstances

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20
Q

Define dangerous driving causing death

A

Death that arises when a person who is driving a motor vehicle and inadvertently causes the death of the person

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21
Q

Dangerous driving causing death can inculde what?
(4 answers)

A

Alcohol or drug related
Speeding
Distractions such as using mobile
Person not using a seatbelt

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22
Q

What is the max penalty for dangerous driving causing death?

A

Maximum penalty is 10yrs or 14yrs jail for aggravated

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23
Q

Define assult

A

When someone physically attacks or threatens to attack another

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24
Q

Define wounding

A

Means no more than the top layer of skin is removed

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25
Q

Define common assult

A

Threatening to cause harm to another or assault where there is no physical harm

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26
Q

What act is common assult defined in?

A

CA in NSW under s61 Crimes Act 1900

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27
Q

Threats can include what?
(4 answers)

A

Text messages
Emails
Phone calls
Anything that cause the victim to fear violence

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28
Q

What are the three sub-categories under Crimes Act 1900 for assult?

A

Actual bodily harm s59
Grievous bodily harm s35
Aggravated assault s32 & s54

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29
Q

Ouline actual bodily harm s59 of the Crimes Act 1900

A

Hurt that impacts health/comfort inc. psychiatric illnesses e.g. depression, anxiety, etc -> summary offence, max 7 years, usually Magistrates court but can choose to hear in District

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30
Q

Outline grievous bodily harm s35 of the Crimes Act 1900

A

Serious injury that doesn’t have to be long-lasting, permanent or life threatening -> Indictable offence, Heard in District or Supreme courts, Includes knowingly transmitting STIs (max 10yrs or 14yrs), Max 10yrs

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31
Q

Outline aggravated assault s32 & s54 of the Crimes Act 1900

A

Reckless wounding or grievous bodily harm -> Indictable offence, max 25yrs, Heard in District or Supreme courts

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32
Q

What are the degrees of assult?
(4 answers)

A

Common assult
Wounding
Grievous bodily harm
Aggravated assault

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33
Q

What is the max sentence for common assult?

A

$2200 or max 2yrs

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34
Q

What is the max sentence for wounding?

A

Max 7yrs or 10yrs if another person present

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35
Q

What is the max sentence for grievous bodily harm?

A

Max 10 yrs

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36
Q

What is the max sentence for aggravated assault?

A

Max 25yrs

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37
Q

Define sexual offences?

A

When someone is forced into sexual intercourse without consent

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38
Q

What act specifies sexual offences?

A

Crimes Act 1900 (NSW)

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39
Q

Under the Crimes Act 1900 (NSW) sexual offences include what?
(4 answers)

A

Sex
Oral
Any other sexual act
If an individual says no at any time during the act

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40
Q

What is the max sentence for sexual offences?

A

14 years jail

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41
Q

Define aggravated sexual assault

A

When there are even more serious circumstances
- Violence is used
- <16yrs old 🡪 not legally able to give consent under Federal law
- Victim has serious physical or intellectual disability

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42
Q

What is the max sentence for aggravated sexual assault?

A

Max sentence 20yrs jail except if victim is <10yrs old then it is life imprisonment (25 yrs)

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43
Q

Define indecent assault

A

Committing an indecent act in the presence of someone else under Crimes Act 1900 (NSW) this includes touching any part of body in sexual manner w/o consent

44
Q

Define aggravated indecent sexual assault in company

A

Sexual assault with another person/people present whereby the other ppl are depriving the victim of freedom or threatening them with harm

45
Q

What is the max sentence for aggravated indecent sexual assault in company?

A

life imprisonment
highest criminal conviction for a sexual offence (same as murder charges)

46
Q

Define kidnapping

A

Taking someone or holding them w/o their consent

47
Q

What is the max sentence for kidnapping?

A

Max 14-25yrs depending on whether aggravated

48
Q

What are the two types of stalking?

A

Cyber stalking
Physical stalking

49
Q

What is the max sentence for stalking?

A

Max 5yrs jail

50
Q

Define SNPP

A

Standard Non-Parole Period

51
Q

Outline offences against the sovereign

A

Any type of offence that has anything to do with the state or heads of state

52
Q

Give two examples of offences against the sovereign

A

Treason
Sedition

53
Q

Define treason

A

Any action that goes against the state, harms or results in the death of the head of state

54
Q

Define sedition

A

using written word or speech to try to bring hatred against the govt, parliament or head of state

55
Q

What act does sedition fall under?

A

Anti-Terrorism Act 2005 (Cth)

56
Q

What is the max sentence for sedition?

A

Max 12months jail for this offence (used to be life then 7yrs then 3yrs)

57
Q

In 2008 sedition laws were amended to only include what?

A

In 2008 sedition laws were amended to only include “ crimes that urge violence”

58
Q

What act does treason fall under in Australia?

A

Introduced in Australia under Crimes Act 1900 (NSW) and Crimes Act 1914 (Cth)

59
Q

What are the types of treason that fall under the Crimes Act 1914 (Cth)?
(4 answers)

A

Harms heads of state in any way
Instigate an invasion
Suggest war against the Cth
Assists an enemy of state in armed conflict against Cth or ADF excludes humanitarian effort

60
Q

What is the max sentence for treason?

A

Mandatory life sentence w/o parole for 40yrs

61
Q

Define economic offences

A

Any offences that result in the loss of property or money

62
Q

What do economic offences include?
(3 answers)

A

Crimes against property
White-collar crimes
Computer offences

63
Q

What is the most common type of crime?

A

Economic offences

64
Q

What are the three main crimes against property?
(4 answers)

A

Larceny
Robbery
B&E
Vandalism (not as common)

65
Q

Define larceny

A

Aka theft – when someone takes another person’s property w/o consent

66
Q

What is an example of larceny?

A

Shoplifting

67
Q

What is the max sentence for larceny?

A

Max sentence 5yrs jail

68
Q

Define robbery

A

Involves using force when stealing property or if property is taken directly from the victim

69
Q

What is the max sentence for robbery?

A

Max is 14yrs jail but 20yrs for armed and 25yrs for robbery with wounding

70
Q

Armed robbery is when _?

A

If they have a weapon then it becomes armed robbery

71
Q

Define B&E (breaking and entering)

A

When a person enters a building with the purpose of committing another offence e.g. larceny

72
Q

What is the max sentence for B&E?

A

Max 14yrs jail

73
Q

Define white collar crimes

A

Those that are usually non-violent associated with business people & money

74
Q

What are examples of white collar crimes?
(3 answers)

A

Embezzlement
Tax evasion
Insider trading

75
Q

Define embezzlement

A

When someone steals someone’s money that has been given to them trustingly

76
Q

Give one example of embezzlement?

A

E.g. when employee steals from employer

77
Q

What is the max sentence of embezzlement?

A

Max 10yrs jail

78
Q

Define tax evasion

A

When a person or company tries to avoid paying taxes

79
Q

What is the max sentence for tax evasion?

A

Max 10yrs jail & up to 40% punitive tax to bst for tax avoidance

80
Q

Define insider trading

A

Illegally acquiring company info & using that to their advantage to buy & sell shares

81
Q

What is the max sentence for insider trading?

A

Max 10yrs + $450,000 fine

82
Q

What are the computer offences under the Crimes Act 1900 (NSW)?
(4 answers)

A

hacking
unauthorised access, modification, damage to data
damaging communication tech
damaging tech with intent to commit another offence
cyber crimes

83
Q

What is the max sentence for computer offences?

A

Max 10yrs jail

84
Q

Define fraud

A

Economic offence that involve an element of deceit or lying for gain

85
Q

What are the types of fraud?
(6 answers)

A

Fraudulent misappropriation
Fraudulent personation
Credit card fraud
Internet phishing – emails & sites
Destroying/concealing accounting record
Corrupt commissions

86
Q

What is the max sentence for fraud?

A

Max 10yrs jail, 7yrs for commissions

87
Q

Why is fraud becoming more prevelant?

A

Increased use of tech has made this type of crime easier

88
Q

Define fraudulent misappropriation

A

Unauthorised use of another person’s name, likeness or identity resulting in that person being harmed

89
Q

What does fraudulent misappropriation include?
(2 answers)

A

Credit card fraud
ATM skimming devices

90
Q

Define fraudulent personation

A

Falsely assuming the identity of another person

91
Q

Identity crime is using personal details to _?
(2 answers)

A

Apply for credit cars/loans
Open bank accounts

92
Q

Why are drug offences in their own category?

A

These are in their own category as they are usually considered a victimless crime

93
Q

In NSW drug laws are specified what acts?
(2 answers)

A

Drug Misuse and Trafficking Act 1985 (NSW) and Summary Offences Act 1988 (NSW)

94
Q

Define drug offences?

A

Any crime linked to drugs

95
Q

Define driving offences?

A

Any offence related to driving

96
Q

Driving offences are specified under what acts?
(2 answers)

A

Driving offences are specified under the Road Transport Act 2013 (NSW) and the Crimes Act 1900 (NSW)

97
Q

What is the max sentence for speeding?

A

Max $2,585fine + 7 demerits + 6mth suspension

98
Q

What is the max sentence for mobile phone use?

A

Max $2,200 + 5 demerits

99
Q

What is the max sentence for drink driving (0.05BAC)?

A

Max $5,500 (2nd offence) + 2yrs jail

100
Q

What is the max sentence for dangerous driving?

A

10yrs max

101
Q

What is the max sentence for dangerous driving causing death?

A

10yrs max

102
Q

What is the max sentence for dangerous driving causing death with aggressive element?

A

14yrs max

103
Q

What is the max sentence for failing to stop/assist in accident that results in injury/ death

A

Max 7yrs & 10yrs respectively

104
Q

What is the max sentence for driving with drugs or high BAC

A

Max 2yrs jail (18mth for 1st time offence)

105
Q

Define preliminary offences

A

Any type of offence committed before the committing of a crime or incomplete crime (i.e. it was interrupted or unsuccessful)

Part 1 - Crime (yr12) (5 decks)

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