crime

Question 1

crime definition

Answer 1

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)

Question 2

legislation related to crime

Answer 2

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

Question 3

actus reus

Answer 3

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)

Question 4

mens rea

Answer 4

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

Question 5

causation

Answer 5

causation: link between act and crime

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

Question 6

chain of causation

Answer 6

• 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

Question 7

chain of causation example case

Answer 7

R v BLAUE (1975) - religious conviction

Question 8

aggravating factors example case

Answer 8

• 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

Question 9

examples of aggravating factors

Answer 9

• offence committed in company
• committed to a vulnerable victim

Question 10

eggshell skull principle

Answer 10

‘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

Question 11

eggshell skull principle example case

Answer 11

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

Question 12

strict liability offences

Answer 12

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

Question 13

strict liability offences

Answer 13

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

Question 14

offences against the person

Answer 14

• 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)

Question 15

types of offences against the person

Answer 15

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

Question 16

categories of homicide

Answer 16

1. murder
2. manslaughter
3. death by driving

Question 17

murder

Answer 17

• 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

Question 18

manslaughter

Answer 18

2. 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)

Question 19

death by driving

Answer 19

3. 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

Question 20

infanticide

Answer 20

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

Question 21

assault

Answer 21

2. 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

Question 22

sexual offences

Answer 22

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

Question 23

sexual offences examples

Answer 23

1. 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)

Question 24

abduction

Answer 24

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

Question 25

extortion

Answer 25

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

Question 26

offences against the sovereign

Answer 26

- 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

Question 27

economic offences

Answer 27

- 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

Question 28

types of economic offences

Answer 28

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

Question 29

robbery

Answer 29

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.

Question 30

larceny

Answer 30

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

Question 31

breaking and entering

Answer 31

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

Question 32

receiving

Answer 32

accepting property reasonably believed to be stolen

Question 33

vandalism

Answer 33

deliberate destruction or damaging of property including graffiti

Question 34

arson

Answer 34

deliberate and unlawful setting of fires

Question 35

white collar crimes examples

Answer 35

- tax evasion - insider trading - digital piracy - breaching copyright - corrupt commissions - embezzlement

Question 36

white collar crime

Answer 36

- 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

Question 37

computer crimes

Answer 37

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

Question 38

drug offences

Answer 38

- 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

Question 39

drug offences legislation

Answer 39

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

Question 40

drug offences examples

Answer 40

- possession - use - cultivation - manufacture - importation - supply - conspiracy to commit an unlawful act concerning illegal drugs

Question 41

drug offence culpability

Answer 41

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

Question 42

driving offences

Answer 42

- most common crimes - dealt with mostly via fines in the local court - usually fall under strict liability offences

Question 43

driving offences legislation

Answer 43

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

Question 44

driving offences examples

Answer 44

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