Legal Studies Yr12 Syllabus

Crime

An act or omission that results in harm to society at large and is punishable by state

the two fundamental elements required to establish criminal liability

actus reus (physical act) mens rea (guilty mind/intent)

Crown

The state party that commences a criminal action (prosecutes) in a court of law (usually by the director of public prosecutions in NSW; Commonwealth director of public prosecutions in Federal)

the extent to which the crown must prove its case

Beyond reasonable doubt - exclude reasonable hypotheses of innocence

Strict liability offences

A crime where mens rea isn’t required - prosecution does not need to prove it

When can criminal liability (legal responsibility for a crime) be imposed, regardless of intent?

In strict liability offences to protect public welfare and deter dangerous behaviour

Causation

Proof that there is a sufficient link between the action of the accused and the result (that the behaviour actually caused the alleged criminal act)

Offences against the person

Criminal offences that involve physical harm or threat of harm to another person.

The three main categories of offences against the person

homicide, assault, sexual offences

Homicide

The unlawful killing of another

Murder

Intent to kill or cause grievous bodily harm

Manslaughter

unlawful killing without mens rea

Infanticide

The killing of a child under 12 months by the mother, who’s mental state after birth is considered

Assault

A criminal offence involving the infliction of physical force. Threat of this force is called common assault.

Sexual assault

Occurs when consent is not given (or cannot be given) to sexual activity between persons. Charges are higher in aggravated circumstances or in company.

Offences against the sovereign

Political offences against the state or heads of state; historically the monarch

Treason

An attempt or intention to levy war against the state, assist the enemy or cause harm or death to the head of stat

Sedition

Promoting discontent, hatred or contempt (the belief that its worthless) against a government or leader of state through slanderous use of language. It includes urging violence against the state.

Economic offences

A crime that results in a person losing property or sums of money. It is the largest area of criminal law as it encompasses the most common types of crime.

Larceny

When one or more people intentionally take another person’s property without consent and without intention of returning it

Robbery

When property is taken directly from a victim, usually forcefully

Break and enter

AKA burglary, when a person enters a home with intent to commit an offence

White collar crime

A general term for various non-violent crimes associated with professionals or businesspeople

Embezzlement

When a person steals money from a business over a period while they are employed at that business

Tax Evasion

An attempt to avoid paying the full amount of taxes due by concealing or underestimating a person of business’ income or assets

Insider trading

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

Computer offences

Various crimes related to the hacking and unauthorised access or modification of data

Piracy

Illegal downloading of intellectual property (e.g music, film)

Fraud

Deceitful or dishonest conduct carried out for personal gain

Drug offences

Acts involving prohibited or restricted drugs and can be placed on a spectrum of criminal culpability or liability. It is considered a victimless crime as both parties are consenting

Possession of a prohibited drug

The drug must be in the accused’s custody or control, and they must know about it; it includes ownership or simply minding the drug

Use of a prohibited drug

The intentional consumption of the drug by any means (excluding medically supervised injecting centres)

Cultivation

Applies to the growth or cultivation of a prohibited plant e.g cannabis

Supply of a prohibited drug

A broad offence including offering or agreeing to supply, whether the actual drug or money changed hands or not; it can also include possessing drugs with the intention of supply

Driving offences

The most common offences committed in NSW due to being strict liability offences; They include:

• Exceeding the speed limit

• Driving without a licence or while disqualified

• Ignoring road signs

• Driving above the legal blood alcohol limit of 0.05

Serious driving offences examples

• Furious or reckless driving

• Negligent driving causing death or serious bodily harm

• Failing to stop and give assistance at an accident involving death or injury

Public order offences

Relate to acts that are deemed to disturb the public order in some way, such as disturbance in or in sight of a public area. They are often committed by young persons and will incur a lesser penalty such as a fine.

Examples of public order offences

• Obscene, indecent or threatening language or behaviour in public

• Possessing a knife in a public place without reasonable excuse

• Obstructing traffic or ignoring a reasonable police direction to ‘move on’

• Damaging public fountains or protected places

Preliminary crimes

Offences that precede the commission of a crime (crimes committed whilst preparing for a crime) or where the crime has not been completed for some reason

Attempt

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

Conspiracy

When two or more people plot to commit a crime together

Regulatory offences

Usually set out in delegated legislation, such as regulations or local laws that address a range of day-to-day situations and standards. They are usually strict liability offences.

Examples of regulatory offences

• Watering the garden despite water restrictions being in place

• Breaching workplace health and safety regulations

• Travelling on public transport without a valid ticket

• Lighting a fire or BBQ on a day of total fire ban