Crime HSC

accused

the person or alleged offender that the criminal action is being taken against

actus reus

a Latin term meaning 'guilty act' that refers to the physical act of carrying out a crime

affray

a fight, noisy quarrel, or disturbance between two or more persons in a public place

aggravated assault

the assault of a person with an object rather than the assailant's own body

aggravated sexual assault in company

sexual assault performed with another person or people present together with aggravating circumstances

assault

a criminal offence involving the infliction of physical force or the threat of physical force

attempt

an offence where a principal crime was attempted but failed or was prevented for some reason despite the intention to complete it

beyond reasonable doubt

the standard of proof required in criminal law, which requires the prosecution to show there is no reasonable doubt that the accused committed the offence

break and enter

commonly known as burglary, break and enter offences usually occur when a person enters a home with intent to commit an offence

conspiracy

when two or more people plot to commit a crime together

constructive manslaughter

the killing of a person while the accused was carrying out another dangerous or unlawful act

crime

an act or omission of duty resulting in harm to society that is punishable by the state

criminal negligence

where the accused fails to foresee the risk where they should have and therefore allows the avoidable danger to manifest

criminology

the scientific study of crime and criminal behaviour

embezzlement

when a person steals money from a business over a period of time while they are employed at that workplace

fraud

deceitful or dishonest conduct carried out for personal gain

homicide

the act of killing a human being

indecent assault

an assault and 'act of indecency' on or in the presence of another person without their consent

indictable offence

more severe offences that are heard and sentenced by a judge in a District Court or tried before a judge and jury

infanticide

the death of a baby under the age of 12 months at the hands of its mother

insider trading

when a person illegally trades on the share market to their own advantage using confidential information

involuntary manslaughter

the killing of a person where the death occurred because the accused acted in a reckless or negligent way without intention to kill

larceny

when one or more persons intentionally takes another person's property without consent and without intention of returning it

manslaughter

the killing of a person in a manner that is considered to be less intentional than murder

mens rea

a Latin term meaning 'guilt mind', meaning that the accused intended to commit the crime knowing their actions were wrong

mitigating circumstances

conditions that may be considered by a court when determining guilt or innocence of a defendant and may reduce the severity of a charge

murder

the deliberate killing of a person with intent to kill the victim

prosecute

when the Crown or state takes action against the offender in a court of law

provocation

a defence where the accused claims that the actions of another person caused him or her temporarily to lose control; the act of inducing rage, anger, or resentment in another person that may cause that person to engage in an illegal act

recklessness

when the accused was aware that their actions could lead to a crime being committed, but chose to take course of action anyway

riot

similar to affray, but with 12 or more people using or threatening to use unlawful violence for a common purpose

robbery

when property is taken directly from a victim, usually forcefully

sedition

promoting discontent, hatred or contempt against a government or leader of the State through slanderous use of language; in Australia, this includes offences of urging force or violence against the government contained in the Anti-Terrorist Act (Cth)

the Crown

the state party who commences a criminal action in a court of law against the offender

sexual assault

when someone is forced into a sexual intercourse against their will and without their consent

the State

The government and the people that it governs

strict liability offence

an offence where the mens rea does not have to be proved; only the actus reus (guilty act) needs to be proved

summary offence

less severe offences that are heard and sentenced by a magistrate in the Local Court

tax evasion

an attempt to avoid paying the full amount of taxes due by concealing or underestimating a persons or business's income or assets

trafficking

dealing or trading in something illegal, particularly drugs

treason

an attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to or death of a head of state

white-collar crime

a general term for various non-violent crimes associated with professionals or businesspeople, such as embezzlement, tax evasion or insider trading

jus cogens

a norm of customary international law

piracy

illegal acts on the high seas against persons or property outside any state jurisdiction

war crimes

serious violations of the international humanitarian law of armed conflict involving individual criminal responsibility

crimes against humanity

systematic and widespread heinous offences committed or condoned by a government involving atrocities against one or more people

genocide

persecution of national, ethnic, cultural or religious groups including killings, conduct calculated to destroy the group, prevention of births and the forcible transfer of children

crimes against peace

The violation of international peace by waging an unjustified, aggressive war

terrorism

an intention to compel states to do or not do certain acts by the use or threat of violence against the state's population

transnational crime

crimes that take place across national borders including human trafficking, arms trafficking, money laundering and smuggling

money laundering

The process of converting illegally earned assets, originating as cash, to one or more alternative forms to conceal such incriminating factors as illegal origin and true ownership

people smuggling

organising the illegal entry into a state of people who are not permanent residents or citizens of that state

arms trafficking

the illegal trafficking or smuggling of contraband weapons or ammunition.

drug trafficking

Manufacturing, distributing, selling, importing, and exporting (or possession with intent to do the same) a controlled substance or a contraband substance

causation

the act must cause the crime for the offender to be liable

principle in the first degree

the perpetrator of a crime

principle inthe second degree

those who assist others in the commission of a crime

accessory before the fact

those who help others commit a crime by helping to plan and prepare the act

accessory after the fact

those who help others commit a crime by helping after the criminal act

situational crime prevention

measures designed to increase the risk of being caught

social crime prevention

programmes to reduce social causes of criminality and increase equality of opportunity

detain

to lawfully hold a person against their will prior to charges being laid

arrest

to take a person into custody who is suspected of committing, or is about to commit, a crime

summons

a notice directing someone to appear in court to answer a complaint or a charge

arrest warrant

a warrant authorizing law enforcement officials to apprehend an offender and bring that person to court

prima facie

latin term for "on first view" or "at first appearance"; the evidence might suggest a crime has been committed

bail

conditional release of a person until their case is determined by the courts

remand

sending an accused person back into custody to await trial (or the continuation of the trial)

adversarial system

A judicial system in which the court of law is a neutral arena where two parties argue their differences

Local Court

summary and committal hearings presided by a magistrate

summary hearing

minor offences heard by a magistrate in the Local Court

committal hearing

A hearing in a Local Court to decide whether there is enough evidence to put a person on trial for an indictable (serious) offence

Children's Court

hears indictable and summary matters where the accused was under 18 when the offence was committed

Coroner's Court

determines whether there is evidence of a criminal act leading to death or fire damage requiring referral to a higher court

Drug Court of NSW

deals with offenders who have a drug addiction

District Court of NSW

hears indictable offences apart from murder, treason, serious sexual assault and kidnapping

Supreme Court of NSW

hears the most serious indictable offences and appeals on points-of-law from lower courts

NSW Court of Criminal Appeal

division of the Supreme Court which hears criminal appeals from lower courts

High Court of Australia

highest court in Australia that may give leave to appeal on criminal matters from lower courts

magistrate

presides over a Local Court hearing

judge

presides over courts from the District Court and above in the judicial heirarchy

prosecutor

represents the state in arguing for a criminal conviction against the accused

Police prosecutor

represents the state in arguing for a criminal conviction against the accused in the Local Court

Director of Public Prosecutions

leads a team of Crown prosecutors who prosecute criminal defendants

defence lawyers

represent the accused and counteer prosecution evidence

Public Defender

represents people charged with a serious criminal offence and have been granted legal aid

Legal Aid Commission of NSW

ensures that people unable to afford legal representation have access to a lawyer

charge

an accusation against a person usually by the police

plea

the accused is required to plead guilty or not guilty to the charges before the court

charge negotiation

the bargaining of charges and pleas between the defence and the prosecution before the commencement of a criminal trial

burden of proof

the onus of proving that the accused committed the crime is on the prosecution

standard of proof

juries must be convinced beyond reasonable doubt that the accused committed the crime

jury

a body of citizens sworn to give a true verdict according to the evidence presented in a court of law

attempt

NSW Crimes Act makes it an offence to _____ to commit a criminal act even if unsuccessful

Drug offences

prohibition of the importation, manufacture, cultivation, distribution, supply, trafficking, possession and use of prohibited substances

jurisdiction

an area of authority or control; the right to administer justice

mental illness

complete defence to criminal charges based on having a disease or disorder of the mind

automatism

complete defence where the act was a reaction that occurs automatically without conscious thought or reflection

necessity

complete defence where the crime committed is a better outcome than not having commited the act; not a defence to murder

consent

complete defence where the victim agrees to the commission of the act; not a defence to murder