Nature of Crime

Question 1

Meaning of Crime

Answer 1

An act or omission of duty resulting in harm to a society that is punishable by the state.

Question 2

Elements of Crime & Meaning

Answer 2

Mens Rea- a persons intention to commit a crime (Guilty Mind)

Actus Rea- physical performance of a criminal act (Guilty Act)

Question 3

Strict Liability Offences

Answer 3

• Mens Rea isn’t accounted for when making a decision.

- Only accounts for Actus Reus

Question 4

Define Causation

Answer 4

The link between the act and the harm caused by it. E.g. the R v Brave (1975)

Question 5

Define Indictable Offences

Answer 5

• Serious criminal act
• Heard before a judge
• Tried before Judge & Jury
• Judgement determined by jury
• Punishment by judge
• Charge by public prosecutor
• Punishment: imprisonment/hefty fine

Question 6

Define Summary of Offences

Answer 6

• Less severe
• heard by a magistrate
• Punishment determined by magistrate
• Charged by police officer
• Punishment: fine, good behaviour bond, community service

Question 7

Parties to a Crime

Answer 7

Principal in first degree- carries out the crime.
Principal in second degree- present at the crime and encouraged principal offender.
Assessory before the fact- helped principal offender.
Assessory after the fact- assisted principal offender after the crime.

Question 8

Categories of Crime

Answer 8

1) Offences against person
2) Offences against sovereign
3) Economic Offences
4) Drug Offences
5) Driving Offences
6) Public Order Offences
7) Preliminary Crimes

Question 9

Offences Against Person

Answer 9

1) Murder
2) Homicide
3) Manslaughter
- Voluntary
- Involuntary
- Constructive
4) Infanticide
5) Dangerous driving causing death
6) Assault
7) Sexual Assault

Question 10

Economic Offences

Answer 10

1) Crimes against property
2) White Collar Crime
- Associated with business people
3) Computer Offences

Question 11

Drug Offences

Answer 11

1) Acts involving prohibited drugs
2) Growing, selling and use of drugs
3) Drug Misuse and trafficking Act 1985 (NSW)
4) Customs Act 1901 (Cwlth)

Question 12

Analyse Driving Offences

Answer 12

1) Road Transport Act 1999 (NSW) 2) Crimes Act 1900 (NSW)
3) Common Driving Offences
- Exceeding the speed limit
- Driving without licence
- Ignoring road signs
- Above blood alcohol limit of 0.05

Question 13

Analyse Public Order Offences

Answer 13

1) Offences Act 1988 (NSW)
2) Common Public Offences
- Possessing a knife
- Threatening language
- Ignoring reasonable police directions

Question 14

Analyse Preliminary Crimes

Answer 14

1) Crime has not yet been completed

2) Attempt to commit a crime, usually same punishment

Question 15

What are the Factors Affecting Criminal behaviours?

Answer 15

1) Psychological
2) Social
3) Economic
4) Political
5) Genetic theories
6) Self-interests

Question 16

Analyse Crime Prevention

Answer 16

1) Situational Crime Prevention- make it difficult for the crime to be carried out.
2) Social Crime Prevention- attempts to address underlying social factors that may lead to criminal behaviour.