Crime Flashcards
Which Act outlines criminal offences in NSW?
The Crimes Act 1900 (NSW)
Which Act outlines minor criminal offences (summary offences) in NSW?
The Summary Offences Act 1988 (NSW)
What is the difference between a summary and indictable offence?
Summary offences are minor offences which are generally heard in the Local Court. Indictable offences are serious offences which are usually heard in the superior courts (District and Supreme)
What are the 2 elements of a crime?
Mens rea and actus reus
What is meant by mens rea?
Guilty mind
What is meant by actus reus
Guilty act
What is meant by ‘strict liability offences’. Give an example
A crime where it is only necessary to prove the actus reus, but not the mens rea. Eg: Driving offences
What is meant by the term ‘causation’?
The link between the act and the crime. (Did the act which took place CAUSE the crime to occur?)
Give 4 examples of crimes against the person
Murder, manslaughter, assault, sexual assault
What are the 3 types of economic offences?
Computer related offences, white collar crime, property offences
Give 2 examples of crimes against the sovereign
Treason and sedition
Give 3 examples of drug offences
Possession, supply, manufacturing, cultivation, trafficking
Give 3 examples of public order offences
Offensive conduct, offensive language, affray, public nudity
Give 3 examples of driving offences
Negligent driving, speeding, drink driving, dangerous driving
What are the 2 types of preliminary crimes?
Attempts and conspiracy
What is a summary offence? In which Act do MOST summary offences appear?
A minor offence.
The Summary Offences Act 1988 (NSW)
What is an indictable offence? In which Act are they mostly found?
Serious offences which often have imprisonment as a possible punishment.
The Crimes Act 1900 (NSW)
Which party to a crime is the main perpetrator of the crime (the main person who carries out the offence)?
The principal in the first degree
Which party to a crime is the person who assists in the committing of a crime. They are present when the crime takes place.
Principal in the 2nd degree
Which party to a crime is a person who assists in the planning, but is not present when the crime is committed?
Accessory before the fact
Which party to a crime is a person who assists after the crime has been committed?
Accessory after the fact
What is situational crime prevention? Give examples
Crime prevention strategies which aim to make it more difficult to commit crime and reduce the incidence of crime. For example: bars on windows, alarms, lighting, more police presence
What is social crime prevention? Give examples
Crime prevention strategies which aim to work with the individual who may be inclined to commit crimes. Eg: education programs, drug and alcohol rehab.
What are some of the factors which affect criminal behaviour?
Family background, education, mental illness, greed, political reasons
Which piece of legislation regulates police powers in NSW?
The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
(LEPRA or LEPAR for short)
How long may police detain a person for questioning?
4 hours.
Which NSW Act regulates the use of DNA?
The Crimes (Forensic Procedures) Act 2000 (NSW)
What level of force may police use when arresting a suspect?
“Reasonable” force
When may police conduct a search of an individual?
When they have a REASONABLE suspicion they are carrying drugs, a weapon, stolen property or an item about to be used for a crime.
Why are some crimes not reported?
Fear of reprisals, think nothing can be done, too minor an incident, embarrassment
Which types of crimes are commonly not reported?
Sexual assaults, theft from cars, minor assaults
What is the name of the man who was found guilty of a crime based only on DNA evidence? What was the crime? How long did he spend in prison?
Farah Jama
Sexual assault
16 months
Which Act regulates bail?
Which Act did it replace?
What is now the main determinant of whether someone will be granted bail?
The Bail Act 2013 (NSW)
The Bail Act 1978 (NSW)
Whether they are an “unacceptable risk”
Identify 2 reasons why the Bail Act 2013 was introduced
The old Act had become complex and unwieldy owing to the 85 changes made to it since it’s inception. The continuous addition of crimes with a presumption against bail had eroded the rights of the accused to be innocent until proven guilty.
What percentage of NSW prisoners were held on remand under the old Act?
Approximately 25%
What is the name of the amendment to the new Bail Act? How did the law change with this amendment?
The Bail Amendment Act 2014 (NSW). It now says that those accused of certain serious offences would have to show “just cause” before being granted bail.
What document do police require to conduct a search of property?
A warrant
What is the main common law right people are entitled to when arrested and taken for questioning?
The right to remain silent
How did the NSW Coroner describe police behaviour in the death of Roberto Curti?
‘Thuggish’.
Whose 2012 report suggested changes to police procedures with regard to taser usage?
The NSW Ombudsman
What is the purpose of the Trial process?
To determine the guilt of the accused based on the evidence presented.
How many officers were charged over the death of Roberto Curti? How many were found guilty?
4 were charged, 1 was found guilty for his excessive use of capsicum spray
What type of system of trial is used in criminal trials in NSW?
The adversarial system
What are the names of the 2 sides in a criminal trial?
Prosecution and Defence (defendant)
Who has the burden of proof in a criminal trial?
What is the standard of proof?
The prosecution has the burden of proof and the standard of proof is beyond reasonable doubt.
What is the role of a judge/magistrate in a criminal trial?
Ensure the rules of evidence are followed as outlined in the Evidence Act 1995 (NSW)
What is the role of the Local Court?
- Hear summary (minor) offences.
- Bail hearings
- Committal hearings
What is the original and appellate jurisdiction of the District Court?
Original: hear most indictable offences (except murder)
Appellate: appeals from the Local Court
What is the original jurisdiction of the Supreme Court?
Murder.
Who usually prosecutes cases in the Local Court?
Police Prosecutor
Who prosecutes cases in the District and Supreme Court?
The Director of Public Prosecutions (DPP)
Which court hears appeals from the District Court and the Supreme Court?
The Court of Criminal Appeal
Which case provides a partial right to legal representation in Australia?
Dietrich v The Queen (1992)
Which body provides legal representation for those who are unable to afford it?
Legal Aid
Which 3 criteria must a person meet to be given legal aid?
- Means test - income and assets test
- Merit test - likelihood of success of your case
- Jurisdiction test - does Legal Aid represent in that area of the law?
(Means test is the one we will focus on)
To what extent was the legal aid budget cut in the 2014/15 Federal government budget?
$15 million
What is the process by which the DPP negotiates with the accused to plead guilty to a lesser charge?
Charge negotiation
What is the name of the case which led to reform of the law regarding charge negotiations?
R v Koch (Nanette May)
How did the law change to better regulate the charge negotiation process?
The Crimes (Sentencing Procedure) Act 1999 (NSW) was changed in 2010 to state that judges must not accept charge negotiations where victims and the police have not been consulted.
What is the name of the media article which questions the justice provided by charge negotiations?
Top judge outraged by plea bargain deals (SMH Sept 2011)
What are the 2 types of defences to crimes?
- Complete defences
2. Partial defences
Name 6 types of complete defences
Self defence Mental illness Consent Automatism Necessity Duress
Name the 2 types of partial defences. Which crime do they apply to?
Provocation
Substantial impairment of responsibility
They reduce murder to manslaughter.
Name at least 1 case which drew to light the problems with the provocation defence
R v Singh
R v Won
Name the amendment which altered the provocation defence.
How did the law change?
The Crimes Amendment (Provocation) Act 2014 (NSW)
To successfully use this defence the victim must have been committing an indictable offence and the level of provocation must have been ‘extreme’
Indicate a media report which highlighted the problems of the provocation defence
ABC’s 7:30 (2013)
Which Act regulates the use of juries?
The Jury Act 1977 (NSW)
What was the 2006 amendment to the Jury Act which brought about significant change to the determination of the guilt of the accused. How did the law change?
Jury Amendment (Verdicts) Act 2006 (NSW)
Put in place majority verdicts so that decisions of guilt could be 11-1 or 10-1 after at least 8 hours of deliberation. Replaced the need for majority verdicts.
Indicate 3 problems with the use of juries to determine the guilt of defendants
- Availability of the Internet
- Jurors not understanding complex evidence, particularly DNA
- Jurors not understanding ‘beyond reasonable doubt’
- Jurors finding own information (eg Skaf
- Juror distraction with long boring trials (eg Sudoku case)
What penalties are in place for juror misconduct under the Jury Act 1977 (NSW)
Possible fines of up to $5500 or up to 2 years in jail.
What are the 4 purposes of punishment?
Deterrence (both specific and general)
Rehabilitation
Retribution
Incapacitation
What are the names of the 2 Acts which regulate the sentencing process?
Crimes Act 1900 (NSW) - puts in place maximum penalties and mandatory sentences
Crimes (Sentencing Procedure) Act 1999 (NSW) - regulates all other aspects of sentencing
What is the purpose of guideline judgements
To ensure consistency
Give an example of a guideline judgement and the crime it relates to
R v Henry
Particular cases of armed robbery
What is the difference between aggravating factors and mitigating factors to a crime?
Aggravating factors make the nature of the crime more severe and lead to an increase in the penalty. Mitigating factors are those which lead to a reduced penalty and are often reflective of the nature of the offender.
Give examples of aggravating factors
Use of a weapon
Committing the crime in company
The victim is vulnerable
Committing the crime in the presence of a young person
Give examples of mitigating factors
Offender is of good character
Offender is young
Offender expresses remorse
Offender pleads guilty
What are the names of the two cases which led to the implementation of ‘one punch laws’ in NSW?
R v Loveridge (death of Thomas Kelly)
R v McNeil (death of Daniel Christie)
What is the name of the amendment which introduced the one punch laws?
Crimes and other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW)
What is the name of the crime committed when someone is accused of a ‘one punch’ crime?
What is the mandatory minimum sentence?
Assault causing death when intoxicated.
8 years
Name one media report which criticized the mandatory sentence law for assault causing death when intoxicated.
7:30 Report.
Indicate that former DPP Nicholas Cowdery was highly critical of the law as it will be difficult to implement, will lead to unjust outcomes and have no deterrent value.
Name 3 types of financial penalties
Fines
Criminal infringement notice
Penalty units
Name 2 minor punishments.
No conviction recorded
Caution
Which penalty allows the state to acquire the assets purchased through the proceeds of crime?
Forfeiture of assets
Name 3 penalties which incarcerate an offender
Imprisonment
Home detention
Periodic detention (no longer exists). Replaced by Intensive Correction Orders
Name 4 punishments which are considered more serious with a threat of imprisonment for failure to comply with the obligations under those penalties
- Suspended sentence
- Community Service Order
- Bonds (Good Behaviour Bond)
- Probation
Which act allows for the continued detention of offenders at the conclusion of their sentence? What was the original name of this act? Which 2 types of offenders can this law be used against?
Crimes (High Risk Offenders) Act 2006 (NSW)
Crimes (Serious Sex Offenders) Act 2006 (NSW)
Serious sex offenders and violent offenders
What is the name of the case which tested the continued detention laws with the UN Human Rights Committee? What was their finding?
Tillman v Australia
Found that continued detention laws are a breach of the ICCPR and an individual’s right to be free from arbitrary detention.
According to the 2014 Corrections Department Prisoner Survey, what percentage of prisoners have served a term of imprisonment previously?
76%
What was the value of the increase in the fine for offensive language introduced in 2014?
Increase from $150 to $500
Which process allows for the inclusion of victims in the sentencing process?
The use of Victim Impact Statements
Name a diversionary program which can be used to divert an offender away from prison?
The Drug Court
Name 2 alternative methods of arriving at a sentence for an offender (away from the courts)
Circle Sentencing Restorative Justice (Youth Justice Conferences)
What is the name of the process which allows the Federal government to remove a non-Australian citizen from the country for their criminal behaviour?
Deportation
What is the name of the minimum period an offender is sentenced to prison?
Non-parole period
What is the process child sex offenders must undertake once they are released from prison to monitor them?
They must place their name on the sexual offenders register
What are the 3 levels of prison security?
Maximum, medium, minimum
What is the name of the process which separates some prisoners from others for their protection?
Protective custody
What is the Latin term for ‘incapable of wrong’ as applied to young offenders?
Doli incapax
Which Act states the age for criminal responsibility as 10 in NSW?
Children (Criminal Proceedings) Act 1987 (NSW)
Under common law, for which ages is there a rebuttable presumption of doli incapax in NSW?
10-13
Which Act was introduced to provide a diversionary program for young offenders away from the courts?
The Young Offenders Act 1997 (NSW)
What are the 3 tiers of the Young Offenders Act 1997 (NSW)
Warnings
Cautions
Youth Justice Conferences
Who can divert young offenders to a YJC?
The police and the Children’s Court
What was the finding of the 2012 BOCSAR report into YJCs in relation to their effectiveness?
They are no more effective than the court process at reducing rates of recidivism.
Indicate a statistic which highlights the rates of recidivism amongst young offenders
80% of young offenders will reoffend within 15 years
Or
60% of young offenders will reoffend in the next 12 months
Under LEPAR, what extra rights are afforded to children when they are arrested and during questioning?
Must have an adult present
Right to Legal Aid
Court order must be obtained by police for DNA testing of anyone under 18
Court order must be obtained by police for fingerprinting of child under 14
Which court was established under the Children (Criminal Proceedings) Act 1987 (NSW)?
The Children’s Court
Name 2 cases which highlight the application of doli incapax
R v LMW - 10 year old found not guilty of death of 6 year old owing to prosecutions inability to rebut the presumption of doli incapax
R v SLD - 13 year old found guilty of murder. Prosecution successfully rebutted the presumption of doli incapax
Name 3 features of the Children’s Court.
It is a closed court
It is presided over by a specially trained magistrate
Children’s names are not to be printed in the media
Children are to be kept informed of the nature of the proceedings.
What is the main purpose of punishment for young offenders?
Rehabilitation
What is the name used for the punishment handed down in the Children’s Court where the offender is held in custody? What is the maximum length of this penalty which can be given?
Control order
2 years
Which 2007 change to the original Bail Act 1978 (NSW) had a significant impact on young offenders?
What was the consequence of this change?
How was the new Bail Act 2013 (NSW) changed to remedy this? What has been the result of this change?
Change: allow only 1 bail application.
Impact: approximately 1/2 of all juveniles inmates being held in detention were being held on remand. Only 20% of these juveniles then received a prison sentence.
Change in new act: young people can now make 2 applications for bail
Impact: significant decrease in number of young people being held on remand.
What are the two types of international crime?
Transnational crimes and crimes against the international community.
Define crimes against the international community
Crimes that are considered to be so heinous that they are an offence against human kind.
Define transnational crimes
Crimes that occur across international borders.
Which 3 crimes are considered to be crimes against the international community?
Genocide
Crimes against humanity
War crimes
Which international court hears cases of crimes against the international community?
Which treaty established this court and in what year?
The International Criminal Court
The Rome Statute, 2002
How many cases have been successfully prosecuted by the ICC?
2
Thomas Lubanga in 2011 and Germain Katanga in 2014. They are both from the Democratic Republic of the Congo. They were found guilty of war crimes and crimes against humanity.
Name 3 crimes considered transnational crimes
Human trafficking
Computer related offences
Drug trafficking
