crime: legal studies y12

Crime

an act or omission against the community at large that is punishable by the state including the court system or Commonwealth bodies

State

a government and the people it governs; a country

Criminal law reform (controversy)

it has wide-ranging effects on the rights and freedoms of all members of society (there is often tension between the rights of the individual and the rights of the community)

Criminal law

crimes against a person, the state or property, providing for the state to take action against the accused

Characteristics of Crime

the Crown must prove beyond reasonable doubt, Criminal law protects society, Criminal law aims to protect society and provide sanction, Criminal actions can include crimes against a person/state/property, The decision to prosecute is made by the DPP or police

Actus reus

‘guilty act’ refers to the physical act of carrying out a crime

Mens rea

‘guilty mind’ refers to the accused intending to commit a crime

Intention (Mens Rea)

clear intention to commit the crime

Recklessness (Mens Rea)

an intermediate level of intent where the individual knew their action was a crime

Criminal Negligence (Mens Rea)

where the individual failed to foresee a risk, resulting in harm

Strict liability offences

where the defences of ‘honest and reasonable mistake of fact’ is available to a defendant

Causation

an event must be necessary for an outcome, proving there is a link between the actions of the accused

Categories of crime

type of offence, jurisdiction, seriousness of the offence, parties to a crime

Homicide

the unlawful killing of another person, examples include murder, manslaughter, infanticide, dangerous driving causing death

Murder

the most serious homicide offence and is punishable by life imprisonment

Manslaughter

killing with a reduced level of intent

Voluntary manslaughter

when a person kills with intent, but there are mitigating circumstances

Involuntary manslaughter

killing of a person where death occurred because the accused acted in a reckless or negligent way

Constructive manslaughter

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

Provocation

claims that their actions were a direct result of another person’s actions, which caused them to lose control of their own action

Mitigating circumstances

circumstances that make an offence less severe (may lead to a reduced circumstance)

Aggravating circumstances

circumstances that make an offence more severe and the punishment more harsh

Infanticide

manslaughter that applies to the death of a baby under the age of 12 months

Dangerous driving

death occurring due to unsafe/reckless driving

Assault

the offence of causing physical harm to another person and of threatening to cause physical harm to another person

Physical assault

a direct act in which force is applied to another person’s body unlawfully and without their consent (5 years of imprisonment)

Sexual assault

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

Aggravated sexual assault

applicable in circumstances of sexual assault with aggravating factors including aggravated sexual assault in company

Indecent sexual assault

a type of sexual assault, where the accused commits an assault and ‘act of indecency’ on or in the presence of another person without their consent

Aggravated sexual assault in company

the offence includes elements of sexual assault performed with another person present together depriving the victim of their liberty

Types of sexual offences

sexual assault, aggravated sexual assault, indecent assault, aggravated sexual assault in company

Offences against the sovereign

political offences against the head of state

Treason

a crime that acts against the government

Sedition

any oral/written intention to bring the sovereign into hatred/contempt and disaffection against the government

Economic offences

a wide range of crimes that can result in a loss of property or sums of money e.g crimes against property, white collar crime, computer offences

Larceny

property offences including theft and stealing

Robbery

occurs when use of force is present in the act of stealing goods or when property is taken directly from a victim

Break and enter

when people enter a building with the intention of committing an offence

White-collar crimes

various non-violent crimes associated with professionals

Embezzlement

when a person misappropriates another person’s property or money that they have been entrusted with

Tax evasion

a common white collar crime that occurs when a person/company avoids paying taxes

Insider trading

an offence related to the buying/selling of company shares (commonly including confidential information which would affect the stock price)

Computer offences

various crimes related to hacking and unauthorised access or modification of data

Fraud

the deceitful or dishonest conduct carried out for personal gain

Drug offences

relate to acts/movement involving prohibited or restricted drugs

Possession of a prohibited drug

the drug must be in the accused’s custody or control (and the accused must be aware of this possession)

Use of a prohibited drug

the intentional consumption of the drug by any means

Cultivation

the growth of an illegal drug

Supply of a prohibited drug

offering or agreeing to supply illegal drugs

Examples of traffic offences

exceeding the speed limit, driving without a licence, ignoring road signs, driving above the legal blood alcohol content of 0.05

Public order offences

acts that are deemed to disturb the public order e.g obscene, indecent, threatening language/behaviour in public

Preliminary crimes

offences that precede the commission of a crime, where a crime has not been completed for some reason

Attempt

an attempt to commit a crime is considered an offence and will usually be punishable by the same penalty as if the crime were to be committed

Conspiracy

occurs when 2+ people jointly conspire to commit a crime

Regulatory offences

set out in delegated legislation which differ from statute/common law

Summary offences

less severe offences heard and sentenced by a magistrate in the local court

Indictable offences

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

Parties to a crime

any person who has been involved in any way in committing a crime (the level of punishment is determined by the level of involvement)

Principal in the first degree

the principal offender who actually commits a crime and will likely receive the highest sentence

Principal in the second degree

the person who was present at the crime and assisted the principal offender to perform the offence and may be given a lesser sentence

Accessory before the fact

someone who has helped the principal to plan or carry out the crime in planning/preparation before the actual act

Accessory after the fact

someone who has assisted the principal after the actual act is committed e.g the getaway driver

Criminology

the scientific study of crime and criminal behaviour

Factors affecting criminal behaviours

psychological, social, economic, political, genetic, self-interest

Situational crime prevention

CCTV cameras, decreasing the rewards of crime, local council initiatives

Social crime prevention

attempts to address the underlying social factors that may lead to criminal behaviour e.g poor home environment and parenting, social and economic disadvantages, poor school attendance, early contact with police

Strategies of social crime prevention

government funding into ‘at risk’ students, parenting workshops are implemented for disadvantaged individuals, youth programs teach social skills

Police

responsible for the prevention and detection of crime and for the maintenance of public order (ensures criminal laws are observed)

Roles of the police

investigate crimes, make arrests, interrogate suspects, gather evidence

Investigate

carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident bodies

Arrest

to seize a person by legal authority and take them into custody

Interrogate

to formally question a suspect a suspect in relation to an alleged crime

Evidence

information used to support facts in a legal investigation or admissable as testimony in court

Police enforcement code

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Police power examples

arrest and interrogate, search property and seize evidence, use reasonable force if necessary, use particular technologies to assist an investigations (e.g surveillance), recommend whether or not ball should be granted

Reporting crime

crimes will usually be reported by a person who has knowledge of the crime or someone who has witnessed the crime e.g Crime Stoppers, Neighbourhood Watch

Reasons for hesitance for reporting crime

reluctance to become involved or appear as a witness, fear of the consequences if the crime is reported, inability to report the crime, the dispute has already been settled with the offender, such as a brawl or theft by a person known to the victim, the perceived time or administrative burden of reporting a crime

Search and seizure

the power to search a person and/or their possessions and to seize and detain items that are discovered

Reasonable force

such force as is reasonably necessary for the officer to perform the function; the officer must honestly believe that it was justified and not excessive

Gathering Evidence

it is the role of police to gather evidence when crime has been committed to further the investigation and to support a charge in court at a later date

Inadmissible evidence

evidence that has been contaminated or compromised

Evidence Act 1995 (NSW)

all evidence must be obtained in a proper & lawful manner

Examples of evidence

oral testimony of the accused, police and witnesses, physical evidence such as objects and weapons, fingerprints, DNA samples, tape recordings, video surveillance and electronic information stored on hard-drives

Part 4 of Law Enforcement (Police Responsibilities) Act 2002 (NSW)

police are given powers to ‘search people and seize and detain things’ in certain circumstances (may occur with/without a court warrant, reliant on discretion)

Police are not allowed to detain a person unless they have a good reason to do so including

catching a suspect committing an offence, Believing on reasonable grounds that a subject has committed/about to commit a crime, Where that person has committed a serious indictable offence for which they have not been tried, Possessing a warrant for that person’s arrest

In order to arrest a person legally, the police must

state to the person that they are under arrest and why, May use reasonable force, May not use excessive force, May only be held for a specific period of time, May only be detained for 6 hours

Charge or release

at the end of the maximum detention period, the police must either charge the suspect with a specific offence or release them unconditionally

Charge negotiation

police exercise their discretion, within guidelines in determining which specific offences the suspect will be charged with

Summons

a legal document specifying the court date to which the accused must attend and the charge to which they must answer

Subpoena

a legal document issued by the court requiring a person to attend and give evidence and/or to produce specified documents to the court

Field Court Attendance Notices (Field CANS)

issued by the police on the spot for relatively minor offences e.g drink driving, with the alleged offence, date and time that they are required to appear in court

Warrant

a legal document issued by a judge or magistrate that authorises a police officer to perform a certain act

Interrogation

the act or process of questioning a suspect, carried out by a police officer (any suspect under 18 has the right to have an adult present at the interrogation)

Once arrested and charged, the accused can either

be released with a court attendance notice, be released on bail, be held in custody

Bail

the temporary release of an accused person awaiting trial, sometimes of particular conditions such as lodgement of a sum of money as a guarantee

Remand

usually sought for people who have committed particularly violent crimes, dangerous criminals, repeat offenders or those thought to be a flight risk

Special caution

announcement upon arrest e.g you have the right to remain silent

Local Court of NSW

Hears minor criminal and summary offences, civil cases up to $100,000 compensation, committal/preliminary hearings

Coroner’s court

ensures that unexplained, suspicious deaths, fires and explosions are properly investigated

Land & Environmental court

a specialist court responsible for interpreting and enforcing environmental law e.g environmental planning, environmental offences and appeal against council rulings