topic one: crime

Question 1

what is the meaning of crime?

Answer 1

any act that is punishable by the state

• Crimes Act 1900 NSW

Question 2

what are the elements of a crime?

Answer 2

actus reus: physical act of commiting the offence

mens rea: person’s intent to commit a offence

Question 3

what are strict liability offences? examples?

Answer 3

strict liability offences: crimes which require only actus reus to be shown

typically given a Criminal Infringement Notice (on the spot fine)

e.g. traffic offences, selling alcohol to underage people

Question 4

what is causation?

Answer 4

the relationship between cause and effect, the prosecution must be able to prove causation

Question 5

what are the categories of crime?

Answer 5

offences against the person, offences against sovereign, economic offences, drug offences, driving offences, public order offences, preliminary offences

Question 6

what are summary offences?

Answer 6

less serious criminal offences, max imprisonment 2 years

e.g. low range drink driving,

Question 7

what are indictable offences

Answer 7

more serious criminal offences, 2+ years imprisonment

serious indictable offences: 5+ years imprisonment

e.g. murder

Question 8

who are the parties to a crime?

Answer 8

principal in the first degree: commits the offence

principal in the second degree: encourages/assists with the cime

for indictable offences
accessory before the fact: assist the principle before the crime is committed

accessory after the fact: not present at the crime scene but aids it

Question 9

what are factors affecting criminal behaviour?

Answer 9

social factors: relationships, experiences

self interest: gaining satisfcation

political: opposing laws/political order

economic: disadvantaged backgrounds often contribute to higher crime rate

Question 10

what is situational crime prevention? example?

Answer 10

directed at stopping crimes before they occur

• focused on reducing crime opportunities

e.g. increasing surveillance

Question 11

what is social crime prevention? example?

Answer 11

addresses the underlying issues in the community which influence criminal behaviour

e.g. youth programs, education

Question 12

what legislation regulates police powers and what legislation enforces police powers?

Answer 12

regulating: Law Enforcement (Powers and Responsibilities) Act 2002 NSW

enforcing: Crimes Act 1900 NSW

Question 13

what is discretion?

Answer 13

discretion is the ability to excerise judgement as to how best proceed

Question 14

when can police arrest?

Answer 14

• under reasonable suspicision
• about to commit an offence
• a warrant has been issued
• breaching bail conditions

Question 15

what should police tell you when you are arrested?

Answer 15

that you are arrested and what charge you are arrested with

Question 16

how long can police keep you under detention for?

Answer 16

without charge: up to 6 hours, unless granted a detention warrant: 6hrs+

suspicison of terrorism: as young as 14 years for 14 days, 16 hrs of questioning per day

Question 17

what is frisk searching?

Answer 17

involves patting down or running of a metal detector, can check outer clothes and pockets

Question 18

what is strip searching?

Answer 18

only if necessary, serious and urgent

• cannot be done under 10 years of age
• done in private place, by someone of the same sex
• if under 18 yrs: must have a carer present

Question 19

when must individuals provide information to police?

Answer 19

when driving a car, involvement in traffic accidents, suspected of committing an offence, under 18 and consuming alcohol

Question 20

what can police seize in public places?

Answer 20

dangerous (weapon), illegal drugs, anything suspected to be stolen, anything to prove a crime was commited

under 18: alcohol, spray paint

with search warrant: anything listed in warrant or connected to the crime

Question 21

who issues warrants?

Answer 21

warrants are issued by judicial officers

Question 22

who reports crime?

Answer 22

the public should make police aware of a crime - however, individuals may be reluctant to report crimes

methods: neighbourhood watch program, crime stoppers

Question 23

what legislation outlines the gathering of evidence?

Answer 23

Crimes (Forensic Proecdure) Act 2000 NSW, Evidence Act 1995 NSW

Question 24

what are examples of illegally obtained evidence?

Answer 24

evidence arising from unlawful search, recorded conversations without consent, documents obtained by illict monitoring

Question 25

how can technology be used for investigating crime?

Answer 25

dna, surveillance technology, databases

Question 26

what are some details about warrants for search and seizure?

Answer 26

last for 3 days, must come under searchable offence, JO must be convinced police have reasonable grounds

Question 27

warrant for an arrest issued for?

Answer 27

failure of appear in court, to correct a sentence, breach or orders, before a conviction

Question 28

what are summons?

Answer 28

summons are generally served on the accused

summons are formal documents which tells someone they either:
- have to attend court to provide evidence
- have to provide documents for evidence in court

Question 29

what is a court attendance notice

Answer 29

a notice telling a person when and where they will appear in court and what charge they are answering to

Question 30

what is a subpoena

Answer 30

a subpoena is an order requiring a person to attend court or provide documents for court

Question 31

what is the difference between a summon and a subpeona

Answer 31

a summon is generally served on the accused whereas a subpeona is served on anyone

both are needed for evidence (documents) to be provided or for someone to attend a hearing

Question 32

what legislation is bail outlined by?

Answer 32

the Bail Act 2013 NSW

Question 33

what are the three tests of bail?

Answer 33

1. the automatic right to release test
   - bail does not need be considered for minor offences
2. show cause test (2015)
   - offender must show why their detention is not justified (doesn’t apply for those <18 years)
3. unacceptable risk test
   stage 1: failure to appear at any proceedings, commits a serious offence, endangers the safety of victims, individuals or community, interferes with witnesses or evidence

stage 2: assessing other matters (e.g. criminal history)

Question 34

what can an accused person be on remand for?

Answer 34

1. they have been charged with an offence and are refused bail
2. they cannot meet the bail conditions set
3. previously released on bail and breached the conditions that were set

Question 35

what is a caution?

Answer 35

a notice from the police that must have submitted ASAP so the suspect knows the maximum period of detention

Question 36

when can someone have a support person?

Answer 36

under 18: police cannot do an interview without a support person

over 14: can choose who is the support person

under 14: support person is generally a guardian/parent

Question 37

what can police obtain if arrested?

Answer 37

fingerprints, palm prints and have your photograph taken (can be destroyed if found not guilty)

police require a court order to photograph a child under 14 years old

to take a dna sample: magistrate/judge’s approval must be granted

Question 38

what is the nsw hierarchy

Answer 38

same level: local, children, drug, coroner’s
next level: district
next level: supreme

Question 39

what are some elements of the adversary system?

Answer 39

the judge acts as an impartial referee, there is a jury to determine the standard of proof, follows the commonwealth system in australia, has the concept of precedent, two opposing sides compete against each other to prove their sides and disprove the other side

Question 40

what is charge negotiation?

Answer 40

negotiating what the accused will plead (guilty or not guilty)

not guilty: the accused can enter a plea of guilty before or during the hearing

guilty: the case goes straight to sentencing (skips a trial/hearing)

Question 41

what is the committal process?

Answer 41

the committal process occurs before trial for an indictable offence, the defence + prosecution meet

Question 42

what are early guilty pleas?

Answer 42

early guilty pleas limit the sentencing discount of up to 25%, reduces discretion of the judge and increases consistency

before commital in the local court: 25%
up to 14 days before the first day of trial

Question 43

what are the four tests for legal aid?

Answer 43

jurisdiction test: if there is legal aid avaliable for that jurisdiction of law

means test: looks at income and assests
- if eligible, look at how much contribution you can pay

merit test: chances of winning your case

avaliability of funds test: if there are funds avaliable to supply legal aid

Question 44

who has the automatic right to legal aid

Answer 44

children

Question 45

what is the burden and standard of proof in criminal proceedings

Answer 45

burden: on the prosecution
standard of proof: beyond a reasonable doubt

Question 46

what are the complete defences

Answer 46

for indictable offences

mental illness, self-defence, duress (only for accessory), necessity and automatism

Question 47

what are the partial defences

Answer 47

only applies for murder

excessive self-defence, extreme provocation and substantial impariment of responsibility