Categories of Crime Flashcards
what are offences against the person
a crime that involves some form of harm or injury to an individual. Including homicide, assault, and sexual offences
what is homicide and what are the different types of homicide?
the unlawful killing of another person, including both deliberate and accidental acts of killing, with varying degrees of mens rea applicable.
This includes: murder, manslaughter, infanticide, and dangerous driving causing death
what is murder
the deliberate killing of another person. The prosecution must prove either:
- the accused intended to kill the victim or inflict grievous bodily harm
- the act was committed with reckless indifference to human life
- the act was done while committing another serious crime
what is manslaughter and what are the 3 different types?
the killing of a person in a manner considered to be less intentional than murder
- voluntary manslaughter: when a person kills with intent, but there are mitigating circumstances (e.g. provocation, self defence)
- involuntary manslaughter (aka manslaughter by criminal negligence): killing of a person where the death occurred because the accused acted in a reckless or negligent way, but without intention to kill
- constructive manslaughter: killing of a person while the accused was carrying out another dangerous/ unlawful act (manslaughter is constructed from other unlawful act, e.g. aggravated armed robbery)
what is infanticide
the death of a baby under the age of 12 months at the hands of its mother
what is dangerous driving causing death
when a person drives in an unsafe and reckless way, such as under the influence of alcohol or drug or at excessive speed, and in doing so causes the death of an individual
what is dangerous driving causing death
where the accused driving in a reckless way causes the death of the victim
what is assault and what are the three types
to cause physical harm or threatening to cause physical harm to another person.
- common assault: involves the assault where no physical harm is inflicted upon the victim
- physical assault: a direct act in which force is applied to another person unlawfully and without their consent
- aggravated assault : more serious and has harsher penalties. It includes the use of a dangerous weapon; the assault of a police officer; or where the intention it to cause serious harm.
what are sexual offences and what are the four types
offences against the person involving a sexual element
- sexual assault: when someone is forced into sexual intercourse without their consent. Sexual assault cases revolve around the consent of the victim
- aggravated sexual assault: sexual assault involving aggravated factors (e.g. victim under 16, or if violence is used)
- indecent assault: a sexual offence not involving sexual intercourse, but other acts of indecency
- aggravated sexual assault in company: sexual assault conducted by multiple individuals
what is statutory rape
where consent has been given (age of consent in NSW is 16 years), but that person is underage.
what are offences against the sovereign
crimes in which the accused is targeting the state (government). This includes treason and sedition
what is treason
commission of acts aimed at bringing down the government. Undermining the government by passing on information to other governments. It is an attempt or intention to levy war against the state, assist the enemy, or cause harm to or death of a head of state
what is sedition
the inciting of public unrest with the aim of bringing down the government, the act of encouraging hatred or contempt against a government or leader of the state through slanderous use of language
what are economic offences and what are its three types
wide range of offences involving crimes that damage or result in the loss of another person’s property.
- crimes against property: actions that damage/remove other people’s property
- white collar crimes: non-violent crimes associated with business professionals
- computer offences: involves the unauthorised access or modification of computer data
what are three types of crimes against property
- larceny (aka theft) : where the accused intentionally takes the victim’s property without their consent
- robbery: where the accused uses force to steal property (the use of a weapon constitutes armed robbery)
- break and enter: intentionally trespassing with the intention of committing another criminal offence
what are the three types of white collar crimes
- embezzlement: where the accused who is in a position of trust (such as an employee) receives property on behalf of an employer and steals this property before the employer obtains possession of it
- tax evasion: where the accused uses various means to avoid paying taxes to the government
- insider trading: When insiders, (e.g. key employees or executives who have access to the strategic information about the company), use the same for trading in the company’s stocks or securities
what are two types of computer offences
- fraud: where the accused acts deceitfully or dishonestly for their own personal gain. Fraud is becoming more prevalent as technology advances, and hackers discover new avenues of identity theft and credit card fraud.
- internet piracy: illegal copying or distribution of copyrighted material via the Internet
LCMID legislation for internet piracy
The copyright act 1968 (Cwlth) also makes it an offence to download materials such as songs or movies without permission from the copyright holder
what are the three examples of fraud
- identity theft: using another person’s name to obtain credits, loans, etc
- scams: a dishonest scheme used to trick individuals into giving personal details, money, etc
- counterfeits: using computers to create fake legal documents
what are other types of offences
drug offences, driving offences, public order offences and preliminary offences
what are drug offences and what are main types of these offences
relates to acts involving restricted or prohibited drugs
- possession of a prohibited drug
- use of a prohibited drug
- supply of a prohibited drug
- cultivation of a prohibited drug
LCMID legislation for drug offences
drug misuse and trafficking Act 1985 (NSW)
What are driving offences and what types are there
most driving offences are summary offences, and strict liability applies to all driving offences as they are the most commonly committed offences in society
- exceeding the speed limit
- driving under the influence of alcohol or drugs
- reckless or negligent driving occasioning bodily harm
- disobeying road rules
LCMID legislation driving offences
road transport (safety and traffic management) act 1999 (NSW)
