crime Flashcards

1
Q

Define crime

A

Crime is an action or omission which constitutes an offence and is punishable by the state. Crimes are activities that go against the standards of society and undermine the community.

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2
Q

What is mens rea?

A

Mens rea refers to a persons intention to commit a crime. Also known as the guilty mind

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3
Q

What is mens rea?

A

Mens rea refers to a persons intention to commit a crime. Also known as the guilty mind

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4
Q

What is Actus reus?

A

Actus reus or the act element refers to the physical performance or conduct element of a criminal act.

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5
Q

What is causation?

A

is the relationship of cause and effect between one event or action and the result.

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6
Q

What are the two categories of preliminary offences?

A

Attempts and conspiracy

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7
Q

What is attempts in preliminary offences?

A

Attempting to commit a crime is viewed the same as succeeding in committing the act but an exception being made for attempting murder. A person can be charged under the nation that they are going to attempt if there behaviour suggests they are going to commit a crime.

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8
Q

What is conspiracy in preliminary offences?

A

It is found within common law and exist when two or more people agree to commit a criminal act. Charges of conspiracy can be brought even if the actual act that was planned never took place.

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9
Q

What is larceny or theft?

A

Larceny is taking another persons property without their consent, for it to be proven they must show that the accused had intended to steal. Borrowing someones property without consent isn’t larceny.

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10
Q

What is breaking and entering?

A

It occurs when a person forces entry into a building or part of a building in order to commit an offence.

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11
Q

what is robbery?

A

It is the most serious of the economic crime. It involves the accused taking a persons property directly or from within the vicinity of their person. When a weapon is involved it escalates to armed robbery.

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12
Q

What is white collar crime?

A

White collar crime tend to be committed by professional people in the context of business.

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13
Q

what is tax evasion?

A

It is one of the most common white collar crimes. It can range from fraud completing a tax return to cases where elaborate tax avoidance schemes involving millions of dollars used

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14
Q

what is insider trading?

A

takes place when a person with special knowledge of a company uses that knowledge to buy or sell shares.

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15
Q

What is computer crimes?

A

It includes identity theft, scams, counterfeits and industrial espionage and money blundering. criminals hack into company computer systems and commit a range of crimes from changing bank account balances to credit car fraud.

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16
Q

Define act

A

an act is a statue or law passed by both houses of parliament that has received royal assent

17
Q

what is strict liability?

A

strict liability exists when defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action.

18
Q

what is homicide?

A

homicide is committed when a person has unlawfully been killed

19
Q

What are the 4 situations where homicide is said to have been committed?

A

murder, manslaughter, infanticide, death by reckless driving

20
Q

What is constructive manslaughter?

A

The killing of another person whilst the accused was carrying out an undoubtable crime