The Nature of Crime
Crime:
- An action of omission against the community at large that is punishable be the State
(public law)
- There is often tension between various community groups, social commentators and
lawmakers when attempts are made by legislators to change criminal law
- Criminal law is a particularly controversial are of law because any changes will usually
have wide ranging effects
Rights of the Accused Rights of the Victim Rights of the Community
- The Director of Public Prosecutions (DPP) must prove their case beyond reasonable
doubt using:
Elements of crime
Actus Reus:
- Guilty act
- The accused actually committed the crime
Mens Rea:
- Guilty mind
- The accused sufficiently intended to commit the crime
- Intention- a clear malicious or willful intent to commit the crime
- Recklessness- the accused was aware that their actions could lead to a crime being
committed, but chose to take that risk anyway
- Criminal Negligence- where the accused fails to foresee the risk where they should have
and so allows the unavoidable danger to manifest
Strict Liability Offences:
- when the prosecution must only prove that an illegal activity occurred (actus reus)
Causation:
- Apart from proving actus reus the prosecution must show that there is sufficient link
between the action of the accused and the result
Offences against the person
Homicide:
- The act of killing a human being, there are four main categories of homicide:
- Murder- the deliberate killing of a person
- the most serious homicide offence, punishable by life imprisonment
- R vs Mallat (NSW) backpack murders
- Manslaughter - the killing of a person in a manner that is considered to be less
intentional than murder
- punishable up to 25 years imprisonment
- R vs Dawes 2006 (NSW) manslaughter of autistic son
➔ Voluntary Manslaughter - the killing of a person where the accused did intend or was
reckless about killing someone but there are mitigating circumstances
➔ Involuntary Manslaughter - the killing of a person where the death occurred because the
accused acted in a negligent way, but without into intention to kill
, ➔ Constructive Manslaughter - the killing of a person where the accused was carrying out
another dangerous or unlawful act
- Infanticide - a special category of manslaught that applies to the death of a baby uder
the age of 12 months at the handle of its mother
- the Crimes Act 1900 (NSW) requires the court take into account the state of
mind of the mother at the time she committed the crime - can be used as mitigating
circumstances
- R vs Folberg 2005 (NSW) murder of infants
- Dangerous driving causing death - driving in an unsafe way, under the influence, or at
excessive speed causing death
- punishable by maximum penalty of 10 years in prison
- P-Plate Driver Byron Bay 2006
Assault:
- Causing harm or threatening to cause physical harm to another person
- Aggravated assault- the assault of a person with an object rather than the assailants
own body e.g. knife, injected syringe
Sexual Assault:
- When someone is forced into exual intercourse against their will and without consent
- Indecent assault- an assault and ‘act of indecency’ on or in the presence of another
person without their consent
- Aggravated sexual assault- sexual assault performed with another person or people
present together with aggravating circumstances
Offences against the State
Treason:
- An attempt or manifest intention to levy war against the state, assist the enemy, pr cause
harm to or death of a head of state
- Punishable by up to 25 years imprisonment (NSW) or life (commonwealth)
Sedition:
- Promoting discontent, hatred or contempt against a government or leader of state
through slanderous use of language
- Anti-Terrorism Act 2005 (Cth)
- Punishable up to 7 years imprisonment
Economic offences
Crimes against property:
- Larceny- punishable up to 5 years
- Robbery- punishable 5+ years
- Break and enter
White collar crime:
- Embezzlement- stealing money from their place of employment
- Tax evasion- attempt to avoid paying the full amount of taxes due
- Insider training- illegally trades on the share market to their own advantage
Computer crimes:
- Various crimes related to hacking and unauthorised access or modification of data
- Penalty up to 10 years imprisonment
Crime:
- An action of omission against the community at large that is punishable be the State
(public law)
- There is often tension between various community groups, social commentators and
lawmakers when attempts are made by legislators to change criminal law
- Criminal law is a particularly controversial are of law because any changes will usually
have wide ranging effects
Rights of the Accused Rights of the Victim Rights of the Community
- The Director of Public Prosecutions (DPP) must prove their case beyond reasonable
doubt using:
Elements of crime
Actus Reus:
- Guilty act
- The accused actually committed the crime
Mens Rea:
- Guilty mind
- The accused sufficiently intended to commit the crime
- Intention- a clear malicious or willful intent to commit the crime
- Recklessness- the accused was aware that their actions could lead to a crime being
committed, but chose to take that risk anyway
- Criminal Negligence- where the accused fails to foresee the risk where they should have
and so allows the unavoidable danger to manifest
Strict Liability Offences:
- when the prosecution must only prove that an illegal activity occurred (actus reus)
Causation:
- Apart from proving actus reus the prosecution must show that there is sufficient link
between the action of the accused and the result
Offences against the person
Homicide:
- The act of killing a human being, there are four main categories of homicide:
- Murder- the deliberate killing of a person
- the most serious homicide offence, punishable by life imprisonment
- R vs Mallat (NSW) backpack murders
- Manslaughter - the killing of a person in a manner that is considered to be less
intentional than murder
- punishable up to 25 years imprisonment
- R vs Dawes 2006 (NSW) manslaughter of autistic son
➔ Voluntary Manslaughter - the killing of a person where the accused did intend or was
reckless about killing someone but there are mitigating circumstances
➔ Involuntary Manslaughter - the killing of a person where the death occurred because the
accused acted in a negligent way, but without into intention to kill
, ➔ Constructive Manslaughter - the killing of a person where the accused was carrying out
another dangerous or unlawful act
- Infanticide - a special category of manslaught that applies to the death of a baby uder
the age of 12 months at the handle of its mother
- the Crimes Act 1900 (NSW) requires the court take into account the state of
mind of the mother at the time she committed the crime - can be used as mitigating
circumstances
- R vs Folberg 2005 (NSW) murder of infants
- Dangerous driving causing death - driving in an unsafe way, under the influence, or at
excessive speed causing death
- punishable by maximum penalty of 10 years in prison
- P-Plate Driver Byron Bay 2006
Assault:
- Causing harm or threatening to cause physical harm to another person
- Aggravated assault- the assault of a person with an object rather than the assailants
own body e.g. knife, injected syringe
Sexual Assault:
- When someone is forced into exual intercourse against their will and without consent
- Indecent assault- an assault and ‘act of indecency’ on or in the presence of another
person without their consent
- Aggravated sexual assault- sexual assault performed with another person or people
present together with aggravating circumstances
Offences against the State
Treason:
- An attempt or manifest intention to levy war against the state, assist the enemy, pr cause
harm to or death of a head of state
- Punishable by up to 25 years imprisonment (NSW) or life (commonwealth)
Sedition:
- Promoting discontent, hatred or contempt against a government or leader of state
through slanderous use of language
- Anti-Terrorism Act 2005 (Cth)
- Punishable up to 7 years imprisonment
Economic offences
Crimes against property:
- Larceny- punishable up to 5 years
- Robbery- punishable 5+ years
- Break and enter
White collar crime:
- Embezzlement- stealing money from their place of employment
- Tax evasion- attempt to avoid paying the full amount of taxes due
- Insider training- illegally trades on the share market to their own advantage
Computer crimes:
- Various crimes related to hacking and unauthorised access or modification of data
- Penalty up to 10 years imprisonment
