The Nature of Crime

Question 1

Define crime

Answer 1

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

Question 2

Elements of crime

Answer 2

actus reus
mens rea
causation

Question 3

What is actus reus

Answer 3

the accused actually committed the crime

Question 4

What is mens rea

Answer 4

the accused intended to commit the crime

Question 5

What is a strict liability offence? +e.g.

Answer 5

When only the actus reus must be proven.

most traffic offences

Question 6

What is causation +case

Answer 6

there is a link between the act and the harm caused

R v. blaue

Question 7

Types of crime

Answer 7

Indictable and summary

Question 8

What is an indictable offence

Answer 8

One that society considers to be very serious e.g. murder or sexual assault

Question 9

What is a summary offence?

Answer 9

A less serious charge e.g. drink driving or shop lifting

Question 10

What are the three categories of offences against persons

Answer 10

• homocide
• sexual assault
• assault

Question 11

What is homocide + 4 types

Answer 11

When a person has been unlawfully killed

• murder
• manslaughter
• infanticide
• death by reckless driving

Question 12

What are the 4 conditions prosecution must prove one occurred?

Answer 12

• deliberate act to kill
• deliberate act to cause serious harm during which death occurred
• reckless indifference to human life
• death occurred during the commission of a serious crime aka constructive murder

Question 13

what is manslaughter + 2 types

Answer 13

Unlawful killing but the accused have a defence for their actions

• involuntary: no mental intent to cause death
• voluntary: did intend to but mitigating circumstances

Question 14

What is infantacide + legislation

Answer 14

Mother causing the death of a child within the first 12 months of life
crimes act 1900 (nsw) requires mothers mental state to be taken into account

Question 15

What must be proven in death by reckless driving

Answer 15

A casual relationship i.e. the action caused the death not the road etc.

Question 16

What is assault

Answer 16

Causing physical harm or threatening to cause physical harm to another person
aggravated assault is more serious e.g. with gun

Question 17

What is sexual assualt

Answer 17

sexual contact with another person without their consent (over 16 and sober)

Question 18

2 types of offences against the sovereign + acts

Answer 18

treason and sedition

-anti terrorism act 2004 (clth)

Question 19

What is sedition

Answer 19

act of encouraging hatred or contempt of the monarch, government or constitution

Question 20

What is treason

Answer 20

breach of allegiance to your country in the form of causing harm to the monarch or working with your countries enemies to bring down the monarch or government

Question 21

Types of economic offences

Answer 21

• crimes against property
• white collar crimes
• computer crimes

Question 22

Types of crimes against property

Answer 22

• larceny: stealing
• Breaking and entering: forced entry into somewhere with intent to commit offence
• robbery: taking a persons property from them or within their vicinity + armed robbery

Question 23

Types of white collar crimes

Answer 23

• tax evasion: fraudulating tax return (income tax assessment act 1977 (cwlth))
• Insider trading: when someone with special knowledge uses it to gain
• computer crime: computer based property offences e.g. money laundering, scams (copyright act 1968 (cwlth))

Question 24

What do drug offences include

Answer 24

• importation
• manufacture and cultivation
• distribution, supply and trafficking
• possession and use

Question 25

What acts govern driving offences

Answer 25

• crimes act 1900 (nsw)
• road transport (safety and traffic management)act 1999 (nsw)
• road transport (general) act 1999 (nsw)

Question 26

What is a public order offence constituted by:

Answer 26

• disrupt the activities of society
• what may be acceptable in private may not be acceptable in public
• issue is it is often over-policed and gives people records for minor offences

Question 27

types of preliminary offences

Answer 27

• attempt : same as carrying it out exc. murder

- conspiracy:two or more people agree to commit a criminal act - actus reas=agreement mens rea=planning

Question 28

4 parties to a crime

Answer 28

• principal in the first degree
• principal in the second degree
• accessory before the fact
• accessory after the fact

Question 29

what is a joint criminal enterprise

Answer 29

two or more people conduct criminal activity with a common purpose and all parties are equally criminally liable, despite different roles

Question 30

4 factors affecting criminal behaviour

Answer 30

• education and parental attitudes (crimes wrong)
• social and economic factors (hurt society)
• genetic theories (no link but mental issue)
• political factors (nelson Mandela)

Question 31

types of crime prevention + e.g.

Answer 31

situational: opportunity reduction, makes it harder/less rewarding to commit (lockout laws)
social: aims to rectify factors affecting criminal behaviour (diversionary programs-pcyc-backing bourke)