The Nature of Crime Flashcards
Define crime
Any act or omission of duty resulting in harm to society that is punishable by the state
Elements of crime
actus reus
mens rea
causation
What is actus reus
the accused actually committed the crime
What is mens rea
the accused intended to commit the crime
What is a strict liability offence? +e.g.
When only the actus reus must be proven.
most traffic offences
What is causation +case
there is a link between the act and the harm caused
R v. blaue
Types of crime
Indictable and summary
What is an indictable offence
One that society considers to be very serious e.g. murder or sexual assault
What is a summary offence?
A less serious charge e.g. drink driving or shop lifting
What are the three categories of offences against persons
- homocide
- sexual assault
- assault
What is homocide + 4 types
When a person has been unlawfully killed
- murder
- manslaughter
- infanticide
- death by reckless driving
What are the 4 conditions prosecution must prove one occurred?
- 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
what is manslaughter + 2 types
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
What is infantacide + legislation
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
What must be proven in death by reckless driving
A casual relationship i.e. the action caused the death not the road etc.
What is assault
Causing physical harm or threatening to cause physical harm to another person
aggravated assault is more serious e.g. with gun
What is sexual assualt
sexual contact with another person without their consent (over 16 and sober)
2 types of offences against the sovereign + acts
treason and sedition
-anti terrorism act 2004 (clth)
What is sedition
act of encouraging hatred or contempt of the monarch, government or constitution
What is treason
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
Types of economic offences
- crimes against property
- white collar crimes
- computer crimes
Types of crimes against property
- 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
Types of white collar crimes
- 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))
What do drug offences include
- importation
- manufacture and cultivation
- distribution, supply and trafficking
- possession and use
What acts govern driving offences
- crimes act 1900 (nsw)
- road transport (safety and traffic management)act 1999 (nsw)
- road transport (general) act 1999 (nsw)
What is a public order offence constituted by:
- 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
types of preliminary offences
- 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
4 parties to a crime
- principal in the first degree
- principal in the second degree
- accessory before the fact
- accessory after the fact
what is a joint criminal enterprise
two or more people conduct criminal activity with a common purpose and all parties are equally criminally liable, despite different roles
4 factors affecting criminal behaviour
- education and parental attitudes (crimes wrong)
- social and economic factors (hurt society)
- genetic theories (no link but mental issue)
- political factors (nelson Mandela)
types of crime prevention + e.g.
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)
