Nature of Crime

Question 1

Meaning of Crime

Answer 1

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)

Question 2

Elements of Crime

Answer 2

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

Question 3

Strict Liability Offences

Answer 3

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

Question 4

Casuation

Answer 4

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]*

Question 5

Offences Against the Person (Examples + CLIMD)

Answer 5

Murder, manslaughter, assault, sexual offences
* Crimes Act 1900 s18
Crimes Act 1900 s61
R v Skaf and Another 2001

Question 6

Offences Against The Sovereign (Examples + CLIMD)

Answer 6

Treason, Sedition, Terrorism
* Crimes Act 1900 (NSW)
* Crimes Act 1914 (Cth)

Question 7

Economic Offences (Examples)

Answer 7

Property, white collar, computer, larceny, tax-evasion (blue-collar)

Question 8

Drug Offences (Examples + CLIMD)

Answer 8

Possession, Manufacture
* Drug and Misuse and Trafficking Act 1985 (NSW)

Question 9

Driving Offences (Examples + CLIMD)

Answer 9

Speeding, drink-driving, strict liability offences
* Crimes Act 1900 (NSW)

Question 10

Public Order Offences (Examples + CLIMD)

Answer 10

Offensive conduct, obstructing traffic, indecent behaviour
* Summary Offences Act 1988

Question 11

Preliminary Crimes (Examples + CLIMD)

Answer 11

Attempt, conspiracy
* R v Whybrow (1951)

Question 12

Principle in the First Degree

Answer 12

The person(s) directly responsible for the criminal e.g., robbed the bank

Question 13

Principal in the Second Degree

Answer 13

The person, who assists the offender in the first degree commit the crime e.g., drove the getaway car

Question 14

Accessory Before the Fact

Answer 14

The person(s) who helped plan the crime e.g., stole the bank plans

Question 15

Accessory After the Fact

Answer 15

The person(s) who knowingly assist the offender after the crime has been committed e.g., hid the offender from the police

Question 16

Social Factors Affecting Criminal Behaviour

Answer 16

• 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)

Question 17

Economic Factors Affecting Criminal Behaviour

Answer 17

People who suffer economic disadvantages can feel “disconnected” from mainstream society and its value and hence may feel less respect for the law

Question 18

Genetic Factors Affecting Criminal Behaviour

Answer 18

Rooted in 19th century phrenology studies - no conclusive evidence

Question 19

Political Factors Affecting Criminal Behaviour

Answer 19

Political motives cover the spectrum of criminal behaviour from public order type offences through to violent criminal behaviour

Question 20

Self-Interest Affecting Criminal Behaviour

Answer 20

Self-interest and greed can motivate people to commit crime; it can be seen as an easy road to power or wealth

Question 21

Psychological Factors Affecting Criminal Behaviour

Answer 21

Mental illness is a common psychological factor when discussing crime, particularly during the criminal process

Question 22

Situational Crime Prevention

Answer 22

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

Question 23

Social Crime Prevention

Answer 23

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