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senior legal > crime > Flashcards

crime Flashcards

1
Q

crime definition

A

any act or omission that results in harm to society and is for which a punishment has been prescribed by the law and is usually imposed in a judicial proceeding brought in the name of the state (acting on behalf of society)

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2
Q

legislation related to crime

A

CRIMES ACT1900 (NSW) and CRIMINAL CODE ACT 1995 (CWLTH)

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3
Q

actus reus

A

actus reus: guilty act

  • physical act
  • planning a crime can be a crime
  • must be voluntary
  • proven via evidence
  • a specific desire to commit the act or omit the duty (a clear, malicious or wilful intention to commit the crime
  • a reckless disregard for the foreseeable consequences of their actions (aware that their actions could lead to a crime being committed but deciding to take the risk anyway)
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4
Q

mens rea

A

mens rea: guilty mind

  • focus is on mental state of the accused
  • can be differing levels of intention: wilful, reckless or criminally negligent
  • legislation creating the crime usually specifies the required level of intention
  • challenging element of a crime to prove
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5
Q

causation

A

causation: link between act and crime

  • prosecution must prove a link between the criminal act and the harm it caused
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6
Q

chain of causation

A
  • chain of causation cannot be broken
    • even if other factors contributed to the criminal outcome, if the crime could not have occurred without the initial act, the chain of causation is regarded as unbroken
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7
Q

chain of causation example case

A

R v BLAUE (1975) - religious conviction

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8
Q

aggravating factors example case

A
  • R v SWAN & R v KIMURA (2016)
    • defendant assaulted and robbed an elderly man in redfern
    • the man died 8 months later and it was determined that his death was caused by the assault and they were charged with murder however they only had the intention to cause grievous bodily harm
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9
Q

examples of aggravating factors

A
  • offence committed in company
  • committed to a vulnerable victim
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10
Q

eggshell skull principle

A

‘eggshell skull’ principle which asserts that ‘those who use violence on other people must take their victim as they find them’ meaning that even if the victim was particularly susceptible the offender is responsible
- this principal is aggravating originally but mitigating in sentencing

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11
Q

eggshell skull principle example case

A
  • R v MUNTER (2009)
    • mr munter attacked his neighbour mr proctor who after being beat to the ground, suffered a heart attack (eggshell principle)
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12
Q

strict liability offences

A

offences where only actus reus must be shown in order to gain a conviction
- charges related to strict liability are considered resource efficient
- common examples include: traffic violations and speeding

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13
Q

strict liability offences

A

GRAFFITI CONTROL ACT 2008 (NSW) s8B - onus is on the defendant to prove that they had the item in their possession for a lawful purpose

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14
Q

offences against the person

A
  • in offences against the person, injury is caused to another person
  • 7-8% of total crimes
  • most of these offences are listed in the CRIMES ACT 1900 (NSW)
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15
Q

types of offences against the person

A
  1. homicide
  2. assault
  3. sex offences
  4. abduction
  5. extortion
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16
Q

categories of homicide

A
  1. murder
  2. manslaughter
  3. death by driving
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17
Q

murder

A
  • act done with reckless indifference to human life and causing death
  • a deliberate act to inflict really serious harm as a result of which death occurs
  • causing death while carrying out a serious criminal offence
  • a deliberate act to kill
    5. maximum penalty for murder is life imprisonment
    6. in the twelve months to june 2022 there were 64 murders in NSW
    7. less deaths from murder currently than in 1989-1990
    8. most common murder weapon is a knife followed by beating
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18
Q

manslaughter

A
  1. manslaughter: killing of a person in circumstances less culpable than murder
    • it may be involuntary manslaughter where the offender causes death but lacked the intention to kill (acting negligently)
19
Q

death by driving

A
  1. death by driving: dangerous driving occasioning death
    • involves the driver being under the influence of alcohol or drugs; speeding; driving in a dangerous manner
    • 70 convictions for manslaughter - death by driving in NSW in 2017
20
Q

infanticide

A

infanticide: mother causes death of her child within the first 12 months after birth, due to the balance of her mind not having fully recovered from the effect of having given birth to her child or lactation

21
Q

assault

A
  1. assault: most common form of this category of crime is aggravated assault which is more serious because a weapon is involved
    • can be causing physical harm or threatening to
      • for threatened harm, the threat must cause the victim to apprehend immediate violence directed towards them
      • males are more likely to be both offender and victim
22
Q

sexual offences

A

sexual assault occurs if the person has sexually interfered with or had sexual intercourse with another person without their consent or with a person who does not have the ability to give consent

23
Q

sexual offences examples

A
    1. six times more female victim-survivors than male
    2. two thirds of victim survivors were under 18
    3. 20% of women who are sexually assaulted report it
  2. crimes against the person include the possession of child pornography and cyber stalking of children with intent to procure a child for sexual activity
    1. in 2017 the NSW parliament passes legislation to address the growing concern of revenge porn the CRIMES AMENDMENT (INTIMATE IMAGES) ACT 2017 (NSW)
24
Q

abduction

A

in nsw in the 12 months to june 2022 there were 177 reported incidents

25
Q

extortion

A
  1. extortion: where an offical demands money or favours, in order for special treatment
    1. rex jackson case: former minister for corrective services gaoled for taking payments to release prisoners early from prison
    2. extortion also includes blackmail
26
Q

offences against the sovereign

A
  • treason: betraying your country by attempting to overthrow the PM or sovereign
  • sedition: promoting discontent and hatred against the government (fallen out of use)

these acts involve people not believing in the laws due to differing moral and ethical values

there is often tension in balancing individual rights with the right of the community to be safe

27
Q

economic offences

A
  • economic offences cover a wide range of crimes resulting in loss or damage to another’s property such as fraud, robbery and, breaking and entering
  • this category includes white collar and computer crimes such as tax evasion, insider trading, digital piracy and breaching copyright, corrupt commissions and embezzlement
28
Q

types of economic offences

A
  1. robbery
  2. larceny
  3. breaking and entering
  4. receiving
  5. vandalism
  6. arson
  7. computer crimes
  8. white collar crime
29
Q

robbery

A

taking someone’s property from their person or in their vicinity by the threat or use of violence. maximum penalty: life in gaol. 12 months to june 2022: 1530 reported incidents.

30
Q

larceny

A

statutory offence like shoplifting. elements to be proven by the prosecution aren’t set out in the CRIMES ACT

31
Q

breaking and entering

A

forced entry into a building for the purpose of committing a crime

32
Q

receiving

A

accepting property reasonably believed to be stolen

33
Q

vandalism

A

deliberate destruction or damaging of property including graffiti

34
Q

arson

A

deliberate and unlawful setting of fires

35
Q

white collar crimes examples

A
  • tax evasion
  • insider trading
  • digital piracy
  • breaching copyright
  • corrupt commissions
  • embezzlement
36
Q

white collar crime

A
  • crime committed by a person of middle to upper class working in an office wearing a white shirt & tie in their course of employment.
    • corporate crime includes offences committed by corporations against the public, the environment, creditors, investors and corporate competitors
37
Q

computer crimes

A

misuse of intellectual property (illegal downloads)
spreading viruses
ATM and credit card skimming, identity theft
internet phishing (pretending to be someone else for money)
electronic fraud

38
Q

drug offences

A
  • the law in NSW treats drug addiction as a crime rather than a medical condition
  • some drugs are illegal and some are restricted to prescription use only
  • in the ACT the possession, use and cultivation of small amounts of cannabis - 50g per person and four cannabis plants per household
39
Q

drug offences legislation

A

POISONS ACT 1966 (NSW), DRUG MISUSE AND TRAFFICKING ACT 1985 (NSW), CUSTOMS ACT 1901 (CWLTH)

40
Q

drug offences examples

A
  • possession
  • use
  • cultivation
  • manufacture
  • importation
  • supply
  • conspiracy to commit an unlawful act concerning illegal drugs
41
Q

drug offence culpability

A

drug traffickers are more culpable than users because it is thought to be more harmful to the community

42
Q

driving offences

A
  • most common crimes
  • dealt with mostly via fines in the local court
  • usually fall under strict liability offences
43
Q

driving offences legislation

A

CRIMES ACT 1900 (NSW), ROAD TRANSPORT (SAFETY AND TRAFFIC MOVEMENT MANAGEMENT) ACT 1999 (NSW)

44
Q

driving offences examples

A

speeding
driving through a stop sign or red light
driving without a license
driving under the influence

senior legal (4 decks)

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