Nature of Crime Flashcards
Meaning of Crime
A crime is any act or omission which constitutes an offence and is punishable by law by the state and court systems, as highlighted in the Crimes Act 1900 (NSW)
Elements of Crime
Actus Reus - “Guilty Act”
* Voluntary commission of an act or the voluntary omission of a duty that breaks the law
Means Rea - “Guilty Mind”
* Intention or knowledge of wrongdoing that constitutes part of a crime
Strict Liability Offences
Does not require mens rea to be proven by the prosecution, only actus reus
The burden of proof that is necessary is low therefore they are restricted to petty offences such as traffic infringements
Casuation
Casuation: Relationship between cause and effect between events/actions
Involves proving the person knew the outcome could be a foreseeable result of the negligence, and continued to proceed with the action exposing another party to risk or harm e.g., driving intoxicated and drives, killing passengers
* R v Blaue [1975]*
Offences Against the Person (Examples + CLIMD)
Murder, manslaughter, assault, sexual offences
* Crimes Act 1900 s18
Crimes Act 1900 s61
R v Skaf and Another 2001
Offences Against The Sovereign (Examples + CLIMD)
Treason, Sedition, Terrorism
* Crimes Act 1900 (NSW)
* Crimes Act 1914 (Cth)
Economic Offences (Examples)
Property, white collar, computer, larceny, tax-evasion (blue-collar)
Drug Offences (Examples + CLIMD)
Possession, Manufacture
* Drug and Misuse and Trafficking Act 1985 (NSW)
Driving Offences (Examples + CLIMD)
Speeding, drink-driving, strict liability offences
* Crimes Act 1900 (NSW)
Public Order Offences (Examples + CLIMD)
Offensive conduct, obstructing traffic, indecent behaviour
* Summary Offences Act 1988
Preliminary Crimes (Examples + CLIMD)
Attempt, conspiracy
* R v Whybrow (1951)
Principle in the First Degree
The person(s) directly responsible for the criminal e.g., robbed the bank
Principal in the Second Degree
The person, who assists the offender in the first degree commit the crime e.g., drove the getaway car
Accessory Before the Fact
The person(s) who helped plan the crime e.g., stole the bank plans
Accessory After the Fact
The person(s) who knowingly assist the offender after the crime has been committed e.g., hid the offender from the police
Social Factors Affecting Criminal Behaviour
- Factors such as upbringing and personal networks can impact often negatively upon a person’s view of the law and respect, or lack of, for it
- R v Hassan (2014)
Economic Factors Affecting Criminal Behaviour
People who suffer economic disadvantages can feel “disconnected” from mainstream society and its value and hence may feel less respect for the law
Genetic Factors Affecting Criminal Behaviour
Rooted in 19th century phrenology studies - no conclusive evidence
Political Factors Affecting Criminal Behaviour
Political motives cover the spectrum of criminal behaviour from public order type offences through to violent criminal behaviour
Self-Interest Affecting Criminal Behaviour
Self-interest and greed can motivate people to commit crime; it can be seen as an easy road to power or wealth
Psychological Factors Affecting Criminal Behaviour
Mental illness is a common psychological factor when discussing crime, particularly during the criminal process
Situational Crime Prevention
Aims to make it more difficult for criminals to carry out a crime and therefore stops the crime before it is committed
Examples:
* Avoiding crime hotspots e.g., poorly lit parks
* Shopping centres playing classical music to deter young people congregation causing trouble
* CCTV installed in shops and well-known trouble spots
Social Crime Prevention
Focuses on the underlying social and economic factors that affect criminal behaviour
Strategies:
* Government funding education programs
* Schools, TAFE, and private organisations offering alternatives to the school setting
* Parenting workshops
