Crime S1 Flashcards
meaning of crime
Any act or omission of duty resulting in harm to society hat is punishable by the state
elements of crime - menus rea
“the guilty mind”
Refers to the person’s intention to commit a crime
Prosecution must prove that the accused was aware that their actions would result in a crime being committed → recklessness and negligence are forms
elements of crime - actus reus
‘the guilty Act’
Refers to the physical performance or conduct element of the criminal act
Must be proven the person actually carried out the crime
causation
Prosecution must show that there is a link between the act and the harm caused by it
The act must be substantial cause of the crime
strict liability offences
Prosecution only needs to prove causation
There exists a substantial link between the crime and the act e.g traffic offences
CC - Offences against the person : Homicide
-Committed when a person has unlawfully been killed
-Includes both deliberate and accidental acts of killing
-Judge determines the causal relationship between the actions of the accused and the death of the victim
CC OATP- Homicide (Murder)
The accused intended or deliberately killed the victim
OR
The accused set out to inflict serious bodily harm which caused death
Act was done with reckless inference to another human life
LEG: Crimes Act 1900 section 18
CC OATP- Homicide (manslaughter)
Unlawful killing that resulted in death of a human
CC OATP- homicide (manslaughter) - dif types
- Involuntary manslaughter: accused acted in a negligent way, but did not want to kill anyone
- Voluntary manslaughter: The person who caused the death of another intended to do so. However there was mitigating factors e.g diminished responsibility
- Constructive manslaughter: killing of a person while the accused was carrying out another crime
CC OATP - Homicide (Infanticide)
mother causing death of a child within the first 12 months of life
CASE: Akon Guode
CC OATP - Homicide (reckless driving)
person driving in an unsafe and reckless way, causing the death of another person
CC OATP - Assault
Causing physical harm or threatening to cause physical harm to another person
Aggravated Assault:
More serious + tougher penalties
Involves use of an object
CC OATP - Sexual Assault
Sexual contact with another person without their consent
Crimes Act 1900 (NSW) Division 10
Aggrvated Sexual Assualt:
Use of excessive violence - serious physical or intellectual disability that prevents the victim defending themself
Victim is less than 16 yrs old
CC - Offences against the Sovereign - Treason
*actually doing something
An individual or group attempts to bring down the government of the state or monarch
LEG: Anti-Terriorsim Act 2004 + Anti Terrorism Act 2005
CC - OATS - Sedition
Individual or group promotes discontent, hatred or contempt against a government or leader of the state through slanderous use of language
Sedition provisions are found in the Anti-terroism laws
CC - Crimes against the property - Larceny or theft
Taking away another person’s property without their consent
Intention to steal must be proven
CASE: R v Potisk (1973)
CC - CATP - Breaking and entering
A person faced entry into a building or part of a building, in order to commit an offence
CC - CATP - Robbery
Taking a person’s property directly from the person or without the vicinity of the person
If a weapon is involved, the charge is escalated to armed robbery
CC - White collar - Tax Evasions
Ranges for fraudulent completing tax returns to elaborate tax evasion schemes involving millions of dollars (e.g tax havens)
Project Wickenby 2005
CC- Economic Crimes - Insider Trading
A person with special knowledge of a company uses that knowledge to buy or sell shares
LEG: Corporations Act 2001 (Clth)
CC - Economic Crimes - Computer Crimes
Money laundering, identity theft, scams, counterfeits, industrial espionage
LEG: CyberCrime Act 2001 (Clth)
Illegal downloading of songs/movies is covered by the Copyright ACt 1968 (clth)
CC - Drug Offences
Includes crimes = importation, manufacture and cultivation, distribution, supply and trafficking, possession and use of drugs
CC - Driving offences
LEG:
Crimes Act 1900 (NSW)
Road Transport (Safety and Traffic management) Act 1999 (NSW)
Road Transport (general) Act 1999 (NSW)
Most dealt with administratively e.g fines, demerits, strict liability
CC - Public order offences
Typical offences = indecent behavior, offensive language, spitting, littering, drunken behaviour, graffiti, prostitution
If over policed = the effect can be disproportionate of minority groups
Graffiti Control Act 2008 (NSW) = made the possession of a spray can be minor a strict liability offence
CC- Preliminary offences - Attempts
It is an offence to attempt to commit a criminal act - same as doing the crime
If behaviour implies they are going to commit a crime, charges can still be applied under the notice of attempt
CC - Preliminary offences - Conspiracy
To or more people agree to commit a criminal act
Charges can be brought, even if the plan doesn’ come to fruition
Evidence is difficult to obtain - phone taps, photography surveillance
Indictable offences
Serious offence - e.g murder, assault, robbery
Brought on a charge called ‘indictment’
Penalty can be up to life in prison
Heard in supreme or district courts
Summary Offences
Less serious charge - e.g shoplifting, speed
Heard by a magistrate in a local court, without a jury
Brought on a charge called a ‘summons’
Penalty can be up to 2 yrs in prison
Parties to a crime
Principal in the first degree: ‘perpetrator’
Principal in the second degree: ‘accessory’ assists
Accessory before the fact: ‘helps plan/prepare
Accessory after the fact: ‘ helps after the crime is committed
Factors affecting criminal behavior
Social, genetic, economic, political, self-interes
Crime Prevention - Situational
Measures to make crime
More difficult
Less rewarding
E.g steel bollards + steel shutters, CCTV cameras, colour-tagging clothes
Crime Prevention - Social
Aim to give people access to society and an education to reduce factors that are likely to lead to criminal: behaviors such as
poor parenting /home environment
Truancy and misbehaviour at school
Drug addiction
Exposure to criminal elements
Diversionary programs:
Sporting groups
CVC’s and drop-in centres
