Nature of Offences Flashcards
How are offences classified?
Criminal offences are classified in different ways depending on the seriousness of the crime committed.
Two types of offences
Indictable, Summary
Indictable Offences
- Offences come to trial on indictment which is a written charge to an accused person to stand before trial before either District or Supreme court with a Jury
- Most serious type of offence
- Grievous bodily harm
- Rape
- Drug trafficking
- More serious punishments
Most serious offences against a person
Homicide; murder and manslaughter.
Elements of an offence
Facts necessary to prove the offence beyond reasonable doubt.
Homicide
Unlawful killing of another, the crime will be murder or manslaughter depending on the circumstances.
Murder
Unlawful killing of another with intention to kill.
Manslaughter
Unlawful killing of another where prosecution cannot prove intent.
Criminal Negligence
Breach in duties to yourself or another, e.g. duty to provide necessaries of life.
Elements for manslaughter
- Killed
- Of another person
- Unlawfully
Elements for murder
- Killed
- Of another person
- Unlawfully
4a. Intention to kill or do grievous bodily harm
4b. While in pursuit of an unlawful purpose, victim died as a result.
Stalking
Repeated conduct with watching, messaging, visiting in which victim fears for their personal safety.
Property Offences
- Stealing/theft
- Arson
- Fraud
- Computer hacking and misuse
Elements for stealing/theft
- Taking/converting
- Property of another
- Fraudulent intent
Elements for Arson
- Wilfully
- Unlawfully
- Sets fire
- Things, such as buildings
