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L E G A L > The Nature of Crime > Flashcards

The Nature of Crime Flashcards

1
Q

Define Crime

A

a crime is an act/ omission harmful to the public and punishable by the state

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2
Q

outline what i an act of omission

A

Act of omission= the accused did a criminal act or failed to act (omission) when they should have acted

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3
Q

Element to crime (4)

A
  1. Act/ omission
  2. Injurious to public
  3. Punishable by State
  4. In proceedings brought in the name of the state
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4
Q

Outline the importance of the Crimes Act 1900 (NSW)

A

This is the main act that codifies criminal law in NSW

  • Details most series crimes and their penalties; including the standard of proof required and any available defences (where codified).
  • This act is amended when the law changes to adapt to changing social and technological influences
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5
Q

Outline the importance of the Summary Offences Act 1988 (NSW)

A

Thie is tehmain act that details minor summary offences in NSW. It is amended over time to reflect changing social values

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6
Q

Outline rimes Act 1914 (Cth)

A

This is the original fed. law that codified commonwealth criminal laws and policing procedures for cloth matters
- it also incorporates rules on managing evidence and sentencing

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7
Q

Outline Criminal Code Act 1995 (Cth)

A

Main cloth act that codifies crime law in AUST at a fed. level Several state jurisdictions have also passed this code in an effort to unify state criminal laws

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8
Q

1.1.5 Identify 2 probs arising with respect to inconsistencies in criminal laws between state and territories

A
  1. Inconsistencies in criminal laws between states present 2 key probe: inequity and uncertainty
  2. Inequities: may develop when some states/ territories have laws benefiting residents that other jurisdictions do not
  3. The industrial manslaughter laws in the Act for e.g.. are unique in Aust.
  4. Uncertainty develops if citizens are unaware / unsure of how laws differ between states which amy inhibit their behaviour without cause or result in the unknowing commission of cirmes
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9
Q

Why are criminal laws written into statute/

A

So that they are codified in writing, punishable and easel communicated. law- publicly available and predictable, certain and known

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10
Q

Distinguish between statute law and common law as sources of criminal law in Australia

A
  1. Statute law is determined by Parliament and tends to codify acts/ omissions
  2. Common law is derived from couts and its main contribution to criminal law is defence to crime
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11
Q

Identify 2 elements of cirme

A

Mens Rea and Actus Rea

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12
Q

With ref. to MR: outline Intention

A

The mental element of the crime . Person must act wilfully and be aware of action

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13
Q

With Ref to MR; Outline Negligence

A

A person with a duty of care to another breaches the duty, causing injury

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14
Q

With ref. tp MR ; outline Reckless/ Reckless indifference

A

Person acts in a certain way indifferent to the potential injury of others, knowing the risks associated with their behaviour

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15
Q

Explain the conduct of Actus reuse: with ref to

  1. Intentional Act
  2. Involuntary Act (automatism)
A
  1. Intentional: the act or omission is voluntary, wilful or intended and is therefore a guilty act
  2. Involuntary (automatism): the act is unintentional and involuntary and therefore cannot be guilty act
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16
Q

1.2.4 Describe hoe MR may be deduced from AR with reference to two eg’s

A

The nature of the offending act may suggest necessary mental element .

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17
Q

Define Strict Liability

A

The offending act is proof of the offence itself

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18
Q

Explain what a regulatory offences are

A

offences that are codified in statute law and thus listed in regulations

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19
Q

1.4.1 Outline meaning of Causation

A

The causal link between the act or omission and the resultant injury / harm. the injury must occur within a year and day of the act or omission in order to satisy the causation rule

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20
Q

Notion of causation in R v Royall

A

A woman subject to a very violent attack by her ex- bf , either jumped, was pushed or fell from the 3rd floor bathroom window.

  1. the accused claims he was not guilty and stated that the victim ahd fallen
  2. The court held otherwise on the ground that the victim had been subject to a very high level of violence and would have died regardless
  3. The operating substantial cause of her death was the actions of the accused
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21
Q

Notion of Causation in Blau v R

A
  1. Victim stabbed by accused, then refused blood transfusion on account of her religious convictions
  2. the blood transfusion would have saved her life
  3. The court held that refusing the bloods transfusion was not a novas acts interveniens because ‘ but for’ the stabbing , the victim would have not had to make the decision and would have not have died
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22
Q

1.5.1. List 7 categories of crime

A
  1. Offences against the person
  2. OA the Soverign
  3. Economic offences (property, white collar and comp crimes)
  4. Drug offences
  5. public order offences
  6. Preliminary crimes (attempts and conspiracy
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23
Q

Explain how offences against a persons may vary from very minor to serious

A

Offences against person may range from minor such as verbal threats or minor assault and battery
2. to very serious crimes, such as sexual assaults or homicides (including murder or manslaughter)

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24
Q

Distinguish from of H; Murder

A

a wilful and intentional killing of a person

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25
Q

Distinguish form of H: Manslaughter Voluntary

A

An unlawful killing where there was intent to kill or cause grevious bodily harm, but the MR for murder cannot by set. thus reducing criminal liability

26
Q

Distinguish form of H: Manslaughter Involuntary

A

An unlawful killig but without the intent to do injury

27
Q

Explain whether homicide is ever legal

A

Can be legal under certain circumstances.

  1. A soldier for eg. is lawfully allowed to kill an enemy combatant (assuming no treaties or conventions are breeched)
  2. similarly a police officer can kill legally if faced with life or death situation during normal policing
  3. There are also defences that may allow a person to kill lawfully such as self defence
28
Q

1.5.5 Define the term assault and identify the diff. levels of assault

A

An assault involves threatening a person, such that the victim is fearful

  1. Assult in firm law include battery, which refers to the physical harm associated with an attack.
  2. an assault may be minor such as the fear of a possible attack , or very major, such as aggravated sexual assault
29
Q

Explain how aggravating factors worsen offences against persons

A

AF= increasing seriousness of a crime.

  1. These includes the degree of violence used; use of weapons
  2. The vulnerability of the victim; age, position of trust that the accused held with respect to the victim
30
Q

1.5.7 Explain how mitigating factors reduce the seriousness of offences against a persons

A

MF= lessen criminal liability as they explain the conduct of the accused
1. despite such explanations, an offence may still be serious form a victims point of view

31
Q

When does assault become grievous/

A

When it involves cutting skin, leading to bleeding . This is more serious than assaults that lead to mere bruising

32
Q

Describe why assaulting police officer, correctional services offer or judge is considered amongst the worst types of offences against the persons

A

Officials who work for the state administer justice this assault against their persons is very serious as their function is to protect the state and uphold the lw. An assault against these ppl may impact the safety of others

33
Q

Define the terms against sovereign

A

offences against the actual state,where the state and the lawful govt is the target

34
Q

Explain: Sedition, terrorism, espionage/treason

A
  1. Sedition: Occurs when citizens attempt to overthrow the govt by disobeying laws, encouraging mass protests and strikes and refusing to accept the exercise of l;egitamite power by the government
  2. terrorism: This involves the targeting of civilians by anti govt groups , to further a political claim or bring attention to an ideological point of difference
  3. espionage/ treason: A person either trusted by govt or working for another government , seeks to undermine the legitimate authority through spying or by other acts that weaken and breath the trust of government
35
Q

1.5.13. Identify three different types of economic offences

A
  1. Property offences
  2. White collar crimes
  3. comp cirmes
36
Q

Prop offence: Describe larceny

A

Theft which involves the taking of anthers property with the intention to permanently deprive the owner of that property

37
Q

prop offence; Descirbe Robbery

A

Theft that involves a level of aggravation, arising form the use of force or violence or threat of violence

38
Q

property offence; Describe Break and enter

A

The unlawful entry into premises with criminal intent

39
Q

Describe the term white collar crimes

A

financially motivated crimes, normally perpetrated by business persons or those who work in business as administrators

40
Q

Describe computer crimes

A

crimes involving computerised tech

41
Q

Example of computer crimes

A
  1. Identity Theft
  2. Scamming
  3. Interllectual property theft (copying , reverse engineerng)
42
Q

1.5.19. Explain how drug offences can fall under both state and commonwealth legislation

A

State legislation covers drug offences committed within state borders , which may include cultivation, supply/ manufacture/ distribution.
H/w these drug offences are also covered by cloth legislation when their occur across state borders (interstate level)

43
Q

Example of drug offences

A
  1. Manufacture/ cultivation
  2. Possession
  3. Supply/ Traffiking
  4. Use
  5. Importation
44
Q

Explain term driving offences

A

also known as traffic offences are offences which involve vehicles and occur on roads. e.g., speeding, dangerous driving, under the influence of drugs. alc

45
Q

eg. of Driving offences

A
  1. Speeding
  2. Driving under the influence (DUI) of alcohol / drugs
  3. Driving without license
46
Q

1.5.23. Define the term pub order offence

A

offences against public standard that occur in a public place.

47
Q

1.5.25. Define term preliminary crimes

A

actions taken to prepare or plan for the commission of crimes. conspiracy and attempts (e.g.)

48
Q

Distinguish between conspiracy and attempts

A
  1. Conspiricy= an agreement between 2 or more ppl to commit a crime and may include planny, preparation whereas
  2. attempt= an actual failed effort to commit the crime
49
Q

1.6.1 Defines summary & indictable offences

A
  1. SO; minor offences many of which are detailed in the Summary Offences Act 1988, which are heard in the local courts by magistrates
  2. IO: serious offences which are detailed in the Crimes Act 1900 (NSW) and the Criminal Code 1995 (Cth) which are heard in higher courts by a judge and jury and carry harsher penalties
50
Q

1.6.4 What does term summarily tried mean?

A

For an offence to be summarily tried, a judge has a sole responsibility for hearing evidence determining guilt and sentencing of the accused

51
Q

Identify 2 summary offences

A
  1. offences against the person

2. possession of a small, but traffikable quantity of cannibis (drugs)

52
Q

Describe the reason for trial by jury for indictable offences

A

Is a specific right as detailed in s 80 of the constitution

- only available for indictable offences

53
Q

Outline the role and purpose of committal hearing

A
  1. allows magistrate to set. whether there is a prima facie case; that is whether there is enough evidence to proceed trial/
  2. This is a question for the M as to whether the evidence is likely to convince a jury, beyond reasonable doubt that the offence was committed by the accused
54
Q

Describe the role of the coroners court in respect to indictable matters

A

The CC investigates suspicious deaths, fires, explosions all of which = IO
2. The coroner can hold an inquest (a form of trial that is inquisitorial in nature) and then decide whether the grounds to alert the DPP or the Attorney General (AG) as to whether a trial should be ordered on the basis of the evidence gathered at inquest

55
Q

Explain term ex officio and its relevance to indictable offences

A

Ex officio means that a decision is made from the office of the DPP or AG that is with their authority, thus when the coroner aces a recommendation to the DPP, or the Ag, they may make an administrative decision ( as apposed to judicial decision) to bring a matter directly to trial in the District or supreme court by bypassing the usual committal stage

56
Q

Identify 4 diff. parties to a crime

A
  1. Accessory before the act
  2. Accessory after the Act
  3. Principle in the first degree
  4. Principle in the second degree
57
Q

1.8.1 Outline 6 factors affecting criminal behaviour

A
  1. economical/ financial factors
  2. Psychological/ Cognitive factors
  3. Ideological factor
  4. Self interest. greed
  5. genetic factors
  6. Social factors
58
Q

Explain how social factors can influence criminalisation and the level of criminal activity

A

Ppl can be influenced by there ppl around them and by their own social status
- if ppl are raised to understand criminal activity as an acceptable practice then they may become socialised to undertake criminal activities

59
Q

Outline the roles of economic/ financial factors in criminal activity

A

Ppl may engage in property offences on an account of a need for money or a desire for wealth

60
Q

Psychological/ mental factors that can contribute to criminal behaviour

A

1/ Addiction

2. Impulsiveness

61
Q

2 diff. approaches to crime prevention

A

Social and situational

62
Q

1.9.2 Distinguish b/w sit and doc crime prev. with e.g. of each

A
  1. Situational crime prevention refers to acts designed to make a physical location safer, such as making an area well lit at night, and to reduce the rewards of crime
    - perhaps through affixing dye tags to products that can not be removed without destroying the product itself
  2. Social crime prevention is based on the notion that social disadvantage is a key cause of crime, thus intervention is
    - based on helping people increase their own social status through targeted education and employment programs

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