categories of crime Flashcards
What are the four ways we can categorise crime?
(4 answers)
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
What are the eight types of offences?
(8 answers)
Offences against the person
Offences against the sovereign
Ecconomic offences
Drug offences
Driving offences
Public order offences
Preliminary offences
Regulatory offences
Define offences against the person
Those crimes that result in some form of injury to another person
What are the three ofences against the person?
(3 answers)
Homicide
Assault
Sexual offences
Define homicide
Deliberate or accidental unlawful killing of another
In NSW, homicide can be 1 of the following_?
(4 answers)
Murder
Manslaughter
Infanticide
Dangerous driving causing death
Define murder
Premeditated killing of someone
What is the max sentence for murder
End up with life imprisonment (25 yrs)
For accused to be charged with murder prosecution must prove at least of 1 of the following _?
(4 answers)
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)
Define manslaughter
Killing someone with less of an intention
What is the max sentence for manslaughter
In NSW maximum sentence for manslaughter is 25 years
Why may the accused receive this conviction if?
It can’t be proven they intended (level of mens rea) to kill the victim
What are the three types of manslaughter?
(3 answers)
Voluntary manslaughter
Involuntary manslaughter
Constructive manslaughter
Define voluntary manslaughter
When person kills intentionally but there is a legitimate defence i.e. provocation
Define involuntary manslaughter
Death as a result of the accused behaving recklessly or negligently w/o intending to kill
Define constructive manslaughter
Death as a result of the accused doing something else dangerous or illegal
Define infanticide
Death of baby <12 months at the hands of the mother
Under what act is infanticide?
Crimes Act 1900 (NSW) -> has to consider the state of mind of the mother
What is one of the most common causes of infanticide?
Post-natal depression is one of the most common reasons of infanticide so it is always considered in such cases - mitigating circumstances
Define dangerous driving causing death
Death that arises when a person who is driving a motor vehicle and inadvertently causes the death of the person
Dangerous driving causing death can inculde what?
(4 answers)
Alcohol or drug related
Speeding
Distractions such as using mobile
Person not using a seatbelt
What is the max penalty for dangerous driving causing death?
Maximum penalty is 10yrs or 14yrs jail for aggravated
Define assult
When someone physically attacks or threatens to attack another
Define wounding
Means no more than the top layer of skin is removed
Define common assult
Threatening to cause harm to another or assault where there is no physical harm
What act is common assult defined in?
CA in NSW under s61 Crimes Act 1900
Threats can include what?
(4 answers)
Text messages
Emails
Phone calls
Anything that cause the victim to fear violence
What are the three sub-categories under Crimes Act 1900 for assult?
Actual bodily harm s59
Grievous bodily harm s35
Aggravated assault s32 & s54
Ouline actual bodily harm s59 of the Crimes Act 1900
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
Outline grievous bodily harm s35 of the Crimes Act 1900
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
Outline aggravated assault s32 & s54 of the Crimes Act 1900
Reckless wounding or grievous bodily harm -> Indictable offence, max 25yrs, Heard in District or Supreme courts
What are the degrees of assult?
(4 answers)
Common assult
Wounding
Grievous bodily harm
Aggravated assault
What is the max sentence for common assult?
$2200 or max 2yrs
What is the max sentence for wounding?
Max 7yrs or 10yrs if another person present
What is the max sentence for grievous bodily harm?
Max 10 yrs
What is the max sentence for aggravated assault?
Max 25yrs
Define sexual offences?
When someone is forced into sexual intercourse without consent
What act specifies sexual offences?
Crimes Act 1900 (NSW)
Under the Crimes Act 1900 (NSW) sexual offences include what?
(4 answers)
Sex
Oral
Any other sexual act
If an individual says no at any time during the act
What is the max sentence for sexual offences?
14 years jail
Define aggravated sexual assault
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
What is the max sentence for aggravated sexual assault?
Max sentence 20yrs jail except if victim is <10yrs old then it is life imprisonment (25 yrs)