Legal Studies Nature of Crime syllabus

Meaning of Crime

A crime is an act or omission against the community at large that is punishable by the state. It involves a breach of public duty that warrants a legal sanction.

Actus Reus

The $actus$ $reus$ (guilty act) is the physical element of a crime. It refers to the voluntary act or omission that constitutes the criminal behavior.

Mens Rea

The $mens$ $rea$ (guilty mind) is the mental element of a crime. It refers to the intention, recklessness, or criminal negligence of the person committing the act.

Strict Liability Offences

These are offences that do not require proof of $mens$ $rea$. The prosecution only needs to prove that the $actus$ $reus$ occurred (e.g., low-level traffic offences or regulatory breaches).

Causation

The requirement that the prosecution must prove a direct link between the defendant's act and the resulting criminal harm. The act must be the 'substantial and operating' cause of the outcome.

Offences Against the Person

Crimes that involve direct harm or the threat of harm to another individual. Examples include homicide (murder, manslaughter), assault, and sexual offences.

Offences Against the Sovereign

Crimes directed against the state or government, such as:

• Treason: Attempts to manifest harm against the head of state or the government.

• Sedition: Words or actions that encourage rebellion against the state.

Economic Offences

Crimes involving the loss of property or financial benefit, categorized as:

• Property offences: such as larceny (theft) or robbery.

• White-collar crimes: such as tax evasion, fraud, or insider trading.

• Computer offences: such as hacking or identity theft.

Preliminary Crimes

Offences that occur before a main crime is completed, including:

• Attempts: An unsuccessful effort to commit a crime.

• Conspiracy: An agreement between 2 or more people to commit a crime.

Summary vs. Indictable Offences

1. Summary Offences: Less serious crimes (e.g., minor traffic breaches) heard in a Local Court by a magistrate without a jury.

2. Indictable Offences: Serious crimes (e.g., murder, sexual assault) that may be heard by a judge and jury in higher courts.

Parties to a Crime

1. Principal in the 1^{st} degree: The person who actually carries out the criminal act.

2. Principal in the 2^{nd} degree: A person present at the scene who assists or encourages the primary offender.

3. Accessory before the fact: A person who helped plan or prepare for the crime but was not present during its commission.

4. Accessory after the fact: A person who assists an offender after the crime has been committed to help them avoid detection.

Factors Affecting Criminal Behaviour

Factors include:

• Social/Economic: Poverty, lack of education, or family environment.

• Psychological: Mental health issues or personality traits.

• Political: Opposition to government policies.

• Self-interest: Greed or personal gain.

Crime Prevention: Situational and Social

• Situational Prevention: Physical changes to the environment to make crime harder to commit (e.g., CCTV, improved lighting, or alarms).

• Social Prevention: Addressing the root causes of crime through community programs, education, and social support for at-risk groups.