1.1 the nature of crime
Crime: an act or omission (failure to act) which is injurious to the public which is punishable by law, the state and judicial proceedings
Characteristics of crime:
Must be an omission which breaks law
Act or omission which is harmful to the community as a whole
Act or omission which is punishable by state offence must be proved according to criminal procedure
Criminal law found in both statute and common law
Most criminal offences are in state law though some are in federal law legislation: NSW crimes act 1900 (lists offences and max penalties)
Legislation: summary offences act 1988 NSW (mostly deals with public order offences)
Legislation: Drug misuse and trafficking act 1985 NSW (mostly drug offences)
Elements of crime: before a case is brought to trial the prosecution needs to prove certain elements are present within an offence. There are two fundamental elements which are applicable to most cases.
Actus reus: the accused person actually committed a crime Mens rea: The accused person sufficiently intended to commit a crime
Actus Reus;
Mens rea: Strict liability: these are offenses where the Mens rea doesn’t need to be prove: only the Actus reus is required
Some limited offences only require the act to be proven (Actus reus)
Dramatically lower level of proof is required to achieve conviction (generally minor offenses)
Applied due administrative advantages
E.g. traffic offences, regulation breaches, selling to people under 18
Causation: this is the link between the behaviour of the accused and the result
Involves proving the relevant Actus reus
Requires the prosecution to prove a substantial link between the act and the crime
Principals of causation mainly applies to murder and manslaughter
Categories of crime:
Category
example
Definition
Offenses against the person
Homicide
Assault
Sexual assault
Manslaughter
Acts or omissions which harm others
Offences against the sovereign
Treason
Sedition
Espionage
Trespassing on gov property
Acts or omissions which aim to harm the governing bodies of a country
Economic offences
Property crimes
White collar crimes(tax evasion, embezzlement)
Computer offences
Acts or omissions against peoples property or fiancés
Drug offences
Trafficking(trafficable quantities in possession)
Possession (enough for personal use only)
Use (drug abuse)
Possessing, trafficking, manufacture or importation of illegal drugs
Driving offences
Speeding
Drink driving
Negligent driving
Summary or regulatory offences often strict liability offences
Public order offenses
Obstructing traffic
Bomb hoaxes
Acts which occur in public places and are seen as offensive or disruptive to the general populous
Preliminary crimes
Attempt
Conspiracy
To try and commit an act or omissions or to plan to do to. (INTENT)
Regulatory offenses
Public transport rules
Breach of water restrictions
Breaking the rules of societal organisations which have been endorsed by the government
Summary offences: less sever offences heard in the local court or magistrates court
Indictable offences: more sever crimes heard and sentences by a judge in the district court or tried before a judge or jury
Triable similarity: accused elected case heard magistrate local court or judge and jury in the district court
Comparison of indictable and summary offences:
Party’s to a crime:
I. Principal in the 1st degree: principal offender (who pointed the gun)
II. Principal in the second degree: assists during (kept lookout)
III. Accessory before the fact: helped plan
IV. Accessory after the fact: assisted after (drove the getaway car)
Factors affecting criminal behaviour: numerous theories exist to attempt to explain criminal behaviour. Though it is never easy to explain, define or categorise the main reasons behind the committing of an offence
