Nature of Crime Flashcards
Define ‘Crime’
An act or omission resulting in harm to society at large and is punishable by the state
What is Actus Reus
The physical guilty ACT of the crime
What is Mens Rea
The guilty MIND (mental state of the accused)
What are the categories of crime?
- Offences against the PERSON
- Offences against the sovereign
- Economic Offences
- Drug Offences
- Driving Offences
- Public Order Offences
- Preliminary Offences
- Regulatory Offences
What are the three types of offences against the person?
- Homicide
- Assault
- Sexual Assault
Define Homicide
The unlawful killing of a person
Define Murder
The DELIBERATE killing of a person. Punishable by life sentence
Define Manslaughter
The killing of a person in a manner that is considered less intentional than murder
What is the most serious sexual assault in NSW?
Aggravated sexual assault in company
What are offences against the Sovereign?
Political offences against the state or heads of state
What is sedition?
Promoting discontent, hatred or contempt against a government or leader of the state through slanderous use of language.
In Australia, this includes urging force or violence against the government.
What are economic offences?
Crimes resulting in losing property or sums of money
What are the 3 types of economic offences?
- Crimes against property
- White collar crime
- Computer offences
Define Larceny
When one or more people take another person’s property without the intention of returning it. CKA theft or stealing
Define Robbery
When property is taken directly from a victim, usually forcefully
Define Break and Enter
When a person enters a home with the intent to commit an offence UKA burglary
What is Tax Evasion?
An attempt to avoid paying the full amount of taxes due by, among other things, concealing or underestimating a person or business’s assets
What is Insider Trading?
When a person illegally trades on the share market to their own advantage using confidential information
Define affray
Using or threatening to use violence on another person that could cause someone to fear for thier safety
Define riot
12 or more people using or threatening to use violence for a common purpose
What is a Summary Offence?
A less severe offence heard and sentenced by a Magistrate in a Local Court. Max punishment is 2 years
What is an Indictable Offence?
A more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and a jury. Includes severe punishments
Define and state the 4 parties to a crime
- Principal in the 1st degree MASTERMIND
Person who actually commits a criminal act - Principal in the 2nd degree HELPER
Person who was present at the crime and assisted the principal - Accessory before the fact PLANNER
Person who assisted the principal to plan crime before it was committed - Accessory after the fact ESCAPE GUY
Person who assisted principal after crime was committed e.g disposing evidence
What factors affect crime?
- Phycological
- Social
- Economic
- Political
- Genetic
- Self-Interest
