CRIME NOTES:
1. The Nature of Crime
1.2 Elements of a Crime
Actus Reus: physical nature of committing a crime Mens Rea: intent (verbal or nonverbal) to commit a crime.
The main areas/levels are
1. Recklessness
2. Intention
3. Criminal Negligence
1.3 Strict Liability Offences
Strict Liability Offence: Offence where Actus Reus is proven but not Mens Rea e.g. (J-walking, speeding)
1.4 Causation
Causation: Proving the link between the actions of the accused and the result.
1.5 Categories of Crime
1. Against the Person: 2. Driving Offences:
1. Homicide: Unlawful killing of another person 1. Speeding
2. Assault: the infliction of physical force or the threat of physical force 2. Drunk Driving
3. Sexual offences: Consent is withdrawn during sexual intercourse
3. Preliminary: 4. Drug:
- Crimes leading up to criminals committing another type of offence - Crimes involving the obtainment, sale or
1. Attempt: A crime is attempted but prevented despite the intention traffic of illicit drugs
2. Conspiracy: two or more people plot to commit a crime together
5. Against the Sovereign: 6. Public Order:
1. Treason: Crimes that break a person’s allegiance to their country 1. Public Intoxication
2. Sedition: Crimes that incite hatred against a country 2. Prostitution
7. Economic:
- Crimes involving the illegal obtainment of money or objects of material value
Computer offences White-collar crime Crimes against property
- Identity Theft - Fraud Larceny: taking someone's property without consent
Robbery: a property is taken directly from a victim
Break and Enter: entering a home with the intent to commit a crime
, 1.6 Summary and Indictable Offences
Summary - less serious Indictable - More serious
- Local Court - Move through higher courts
- Strict Liability offences Committal hearing: Heard in the local court, a magistrate will consider the evidence the
- Sentenced by a magistrate prosecution intends to use, and decide if there is enough to take the matter to a trial.
E.g Shoplifting - Heard and sentenced by a judge in a District Court or tried before a judge and jury
1.7 Parties to a Crime
The principle in the First Degree: directly responsible Accessory before the fact: helps plan but doesn’t take part
Principle in Second Degree: helps but doesn’t commit the Accessory after Fact: doesn’t partake, but assists afterwards
crime
1.8 Factors Affecting Criminal Behaviour
Psychological Factors: Mental illness Political Factors: Treason, Rioting Social Factors - Peer Pressure (Drugs)
Economic Factors: lack of education + Self Interest - Greed, White Collar Genetic Factors - Commonalities between
employment Crime, Drug dealer, profit criminals, debunked every genetic theory
1.9 Crime Prevention
Situational Crime Prevention Social Crime Prevention
- Physical strategies attempting to prevent a crime from - Government strategies assisting people who potentially
happening Eg. Security Cameras, alarm systems, become criminals (Low SES status, poor home life) e.g PCYC
1. The Nature of Crime
1.2 Elements of a Crime
Actus Reus: physical nature of committing a crime Mens Rea: intent (verbal or nonverbal) to commit a crime.
The main areas/levels are
1. Recklessness
2. Intention
3. Criminal Negligence
1.3 Strict Liability Offences
Strict Liability Offence: Offence where Actus Reus is proven but not Mens Rea e.g. (J-walking, speeding)
1.4 Causation
Causation: Proving the link between the actions of the accused and the result.
1.5 Categories of Crime
1. Against the Person: 2. Driving Offences:
1. Homicide: Unlawful killing of another person 1. Speeding
2. Assault: the infliction of physical force or the threat of physical force 2. Drunk Driving
3. Sexual offences: Consent is withdrawn during sexual intercourse
3. Preliminary: 4. Drug:
- Crimes leading up to criminals committing another type of offence - Crimes involving the obtainment, sale or
1. Attempt: A crime is attempted but prevented despite the intention traffic of illicit drugs
2. Conspiracy: two or more people plot to commit a crime together
5. Against the Sovereign: 6. Public Order:
1. Treason: Crimes that break a person’s allegiance to their country 1. Public Intoxication
2. Sedition: Crimes that incite hatred against a country 2. Prostitution
7. Economic:
- Crimes involving the illegal obtainment of money or objects of material value
Computer offences White-collar crime Crimes against property
- Identity Theft - Fraud Larceny: taking someone's property without consent
Robbery: a property is taken directly from a victim
Break and Enter: entering a home with the intent to commit a crime
, 1.6 Summary and Indictable Offences
Summary - less serious Indictable - More serious
- Local Court - Move through higher courts
- Strict Liability offences Committal hearing: Heard in the local court, a magistrate will consider the evidence the
- Sentenced by a magistrate prosecution intends to use, and decide if there is enough to take the matter to a trial.
E.g Shoplifting - Heard and sentenced by a judge in a District Court or tried before a judge and jury
1.7 Parties to a Crime
The principle in the First Degree: directly responsible Accessory before the fact: helps plan but doesn’t take part
Principle in Second Degree: helps but doesn’t commit the Accessory after Fact: doesn’t partake, but assists afterwards
crime
1.8 Factors Affecting Criminal Behaviour
Psychological Factors: Mental illness Political Factors: Treason, Rioting Social Factors - Peer Pressure (Drugs)
Economic Factors: lack of education + Self Interest - Greed, White Collar Genetic Factors - Commonalities between
employment Crime, Drug dealer, profit criminals, debunked every genetic theory
1.9 Crime Prevention
Situational Crime Prevention Social Crime Prevention
- Physical strategies attempting to prevent a crime from - Government strategies assisting people who potentially
happening Eg. Security Cameras, alarm systems, become criminals (Low SES status, poor home life) e.g PCYC
