Crime Part I: Nature of Crime

Question 1

crime

Answer 1

Involves any act or omission against the community at large that is punishable by the state. When a person commits a crime, it is deemed to be committed against all of society, as well as any victim of the Act.
The criminal act is seen as an attack on the moral and ethical standards of society, so it is the responsibility to punish all those found guilty which is why the state brings criminal cases.

Question 2

state

Answer 2

a government and the people that it governs; a country

Question 3

Characteristics of criminal law that differentiate it from other areas of the law

Answer 3

• decision to prosecute the offender in court is made by the police and/or the DPP (Crown)
• the crown must prove the case beyond reasonalbe doubt which is the standard of proof required
• it aims to protect the community and provide sanction/punishment to an offender who is found guilty in the court of law.

Question 4

accused

Answer 4

the person/alleged offender that the criminal action is being taken against

Question 5

prosecutor

Answer 5

when the crown/state takes action against the accused person in a court of law

Question 6

elements of a crime

Answer 6

actus reas and mens rea

Question 7

actus reas

Answer 7

a Latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime. The prosecution must prove this usually through physical evidence and witness testimony. It must be a voluntary act but can include an omission or failure to act.

Question 8

mens rea

Answer 8

a Latin term meaning ‘guilty mind’, meaning that the accused intended to commit the crime, knowing their actions were wrong. The three main levels of mens rea are:
* intention: clear, malicious, willful intention to commit the crime. It is the highest and most difficult level for the prosecution to prove
* recklessness: intermediate level of intent which means that the accused was aware that their action could lead to a crime being commited, but chose to take that risk anyway. The prosecution will attempt to prove that the risk was obvious to a reasonable person and that consequences were known
* criminal negligence: accused fails to forsee the risk where they should have

Question 9

strict liability offence

Answer 9

the prosecution only has to prove the accused carried out the act, and is not required to show intent and are generally restricted to criminal offences.

Question 10

causation

Answer 10

the link between the behaviour of the accused and the result. This will often be relevant in proving the actus reas and requires the prosecution to prove a substantial link between the act and the crime. eg. R v Blaue (1975)

Question 11

Offences against the sovereign (state)

Answer 11

include political offences against the heads of state which includes:
* treason
* sedition

Question 12

offences against the sovereign

treason

Answer 12

an attempt to manifest intention to levy war against the state, assist the enemy, or cause harm to or the death of a head of state. It was a common law crime in England.

Question 13

offences against the sovereign

sedition

Answer 13

promoting discontent, hatred, or contempt against a government or leader of a state through slanderous use of language; in Australia, sedition included the offences of urging force or violence against the government.

Question 14

Economic offences

Answer 14

include a wide range of crimes that can result in a person/people losing property or sums of money involving:
* crimes against property
* white-collar crime
* computer offences

Question 15

economic offences

Crimes against property

Answer 15

• larceny: one or more people intentionally take another person’s property without consent and without the intention of returning it. It is the most common property offence and is more commonly known as theft
• robbery: property is taken directly from a victim, usually forcefully. It is more serious than larceny. It accompanied by weapon, it is classed as ‘armed robbery’ which is a higher offence.
• break and enter: when a person enters a home with intent to commit an offence

Question 16

economic offences

white collar crime

Answer 16

a general term fro various non-violent crimes associated with professionals/businesspeople. It is hard to detect. Types include:
* embezzlement: person misappropriates another person’s property/money that they have been entrusted with
* tax evasion: attempt to avoid paying the full amount of taxes due by, concealing or underestimating a person’s income. It can incur high penalties
* insider trading: person illegally trades on stock market to their own advantage from data
* computor offences: various crimes related to hacking and unauthorised access/modification of data
* fraud is deceitful or dishonest conduct carried ot for personal gain. It is often an element of other offences such as fraudulent misappropriation, fraudulent impersonation ect. Common types include; identity theft (using identity for loans), internet phishing (posing as legit website), requesting funds under fraudulent pretences

Question 17

Drug offences

Answer 17

acts involving prohibited/restricted drugs. There are many crimes which may be associated with this. Main offences include:
* possession of prohibited drug
* use of prohibited drug
* cultivation
* supply of prohibited drug
Some cases may be heard in dedicated youth or adult drug courts.

Question 18

driving offences

Answer 18

Driving/traffic offences are some of the most commonly commited offences in NSW. These offences are easier to process as they only require the police to show that the offener commited the act (generally strict liability). Serious offences include:
* furious/reckless driving
* negligent driving causing death/serious bodily harm
* failing to stop and give assistance at an accident involving death/injury

Question 19

public order offences

Answer 19

Public order offences relate to acts that are deemed to disturb the public order in some way, such as a disturbance in/in sight of a public area. Public order offences are often acts that society ddeemeds inappropriate/offensive when conducted in public, although they many be perfectly legal/acceptable within ones home. Examples include threatening language in public, knife possession in public with no reasonable excuse ect:
* affray: using/threatening to use violence on another that would cause a resonable persson present at the scene to fear for their safety
* riot: similar to affray, but with 12 or more people using/threatening to use unlawful violence for a common purpose

Question 20

preliminary crimes

Answer 20

offences that precede the commission of a crime/where the crime has not been completed for some reason. It falls into two main categories:
* conspiracy: two or more people plot to commit a crime together. Intention is shown in each persons explicit agreement to commit an offence. It many be difficult for the prosecutor to prove conspiracy without the aid of a confession
* attempt: principal crime was attemped but it failed/prevented for some reason despite intention to complete it. It is considered usually punishable by the same penalty as the crime if it had taken place, but certain attempts such as attempted murder are dealt with specifically and may carry lower penalty. As penalty is so high, the prosecution must show it wasn’t completed despite intentions

Question 21

regulatory offences

Answer 21

usually set out in delegate legislation, such as regulation or local laws that adress a range of day-to-day situations and standards. They differ from more serious offences set out in statute law or common law. They are usually determined by the government dept/agency responsible for that area of law and policy requires faster change that parliamentary processes. Offences include:
* watering garden despite water restrictions
* breaking WHS regulations
* travelling on public transport w/o ticket
* lighting BBQ on total fire bans
They are usually strict liability offences, so they do not require any intention to be proved.

Question 22

summary offence

Answer 22

Less serious offence tried by the magistrate in a local court where charges are laid by a police officer/government officer. Punishment is usually less severe such as a fine or communtiy service.

Question 23

indictable offence

Answer 23

more serious offence tried by judge and jury, with judgement determined by a jury and punishment determined by a judge. Charges aare brought by the PP working for the state, and punishment is usually inprisonment or a hefty fine.

Question 24

parties to a crime

Answer 24

the level of punishment a court metes out to a party is usually determined by that person’s level on involvement in the crime. There are four main categories:
* principals in the 1st degree (perpetrator): the principal offender, the person who commited the crime
* principals in the 2nd degree (accomplice): person present at the crime and assisted/encouraged the principal offender to perform the offence, may be given less of a sentence
* accessory before the fact: someone who helped the principal to plan/carry out crime
* accessory after the fact: someone who has assisted the principal after act is commited

Question 25

factors affecting criminal behaviour

Answer 25

• pyschological
• social
• economic
• political
• genetic
• self-interest

Question 26

crime prevention

Answer 26

Society is always looking for ways to prevent crimes. Two main areas of crime prevention is;
* situational crime prevention- aims to make it more difficult for a crime to be commited and stops it before it is committed eg. installing security
* social crime prevention- attempts to adresss underlying social factors that may lead to criminal behaviour eg. educational programs