the meaning of crime
any act that lawmakers in a particular society have deemed to be criminal causing injustice or violating the rights of a community
the nature of crime
influenced by history, legal traditions, social attitudes, religious beliefs and political systems
constantly changing and evolving, can be frustrating for the legal system
moral and ethical judgements by society, can differ in other societies
police
representatives of the state when it comes to crime, and protect the people of NSW
implications of changing crime
usually have effects on the rights and freedoms of individuals. there are often tensions between the rights of the community and individuals in the justice system, and ensuring this balance is vital
point of criminal law
protecting society, the state taking legal action against an accused
features of criminal law
crown must prove a case beyond reasonable doubt, DPP prosecutes the accused
what does dpp stand for
Director of Public Prosecutions
two fundamental elements applicable to criminal cases
actus reus, mens rea
actus reus translation
‘guilty act’
mens rea translation
‘guilty mind’
actus reus
the prosecution must prove that the accused carried out the relevent act required for crime by physical evidence or witness testimony.
mens rea
must be proven that the accused intended to commit the crime to a necessary degree, and must have understood what was happening when a crime was committed
three levels of mens rea
intention, recklessness and criminal negligence
intention
a clear malicious or wilful intention to commit the crime
recklessness
accused was aware that their action could result in a crime being committed, but chose to take the risk
criminal negligence
fails to forsee the risk where they should have and so allows the avoidable danger to occur
strict liability offences
only actus reus needs to be shown, generally restricted to minor offences and level of proof is only that the actual act took place
example of a strict liability offence
speeding, most traffic offences
reasoning for strict liability offences
proving mens rea can be too much effort, resource inefficient and time conssuming for these cases
causation
proving that there is a sufficient casual link between the actions of the accused and result, whether or not the actions taken by someome actively resulted in crime
categories of crime
offences against the person, offences against the sovereign, economic offences, drug offences, driving offences, public order offences, preliminary offences and regulatory offences
homicide
includes murder, manslaughter, infanticide and dangerous driving causing death
types of manslaughter
voluntary manslaughter, involuntary manslaughter, constructive manslaughter
voluntary manslaughter
a person kills with intent but mitigating factors reduce their culpability, such as being provoked to commit an act
involuntary manslaughter
where death occured because the accused acted in a negligent way but without intent to kill
constructive manslaughter
killing of a person while the accused is carrying out another unlawful act
infanticide
category of manslaughter applying to the death of a baby under the age of 23 months at the hands of its mother, post natal depression acts as a mitigating circumstance
sexual assault
where someone is forced into sexual intercourse against their will and without their consent
aggravated assault
where violence is used, the victim is under 16 years old or has a serious disability
indecent assault
accused commits a sexual act in the presense of another person
aggravated sexual assault in company
elements of sexual assault but is performed with another person or a group of people together
types of offences against the sovereign
treason and sedition
categories of economic offences
crimes against property, white collar crime and computer offences
crimes against property
larceny, robbery, break and enter
larceny
theft or stealing, taking of ones property without consent and intention of returning it, like shoplifting
robbery
use of force is present in the act of stealing goods or when property is taken directly from the victim.
break and enter
when people unlawfully enter a room with the intent of committing an offence, usually another property offence
white collar crime
embezzlement, tax evasion, insider trading
embezzlement
when a person takes anothers money that they have been entrusted with, like when an employee steals money from an employer
insider trading
when a person obtains confidential inside information about a company that will affect its share price, influencing a person to buy or sell shares.
computer offences
unauthorised access to, modification or impairment of restricted data with intention to commit an offence
fraud
can be part of any category of white collar crime, decietful or dishonest conduct carried out for personal gain.
main examples of drug offences
possesion, use, cultivation or supply
penalties for users of drugs
rehabilitation or good behaviour bond
penalties for drug traffickers
lengthy jail sentances and death in some countries
source for driving offences
Road Transport Act 2013 (NSW) and Crimes Act 1900 (NSW)
penalities for driving offences
on the spot fines, demerits with no mens rea needed to prove
public order offences
acts that are deemed to disturb the public order in some way
penalties for public order offences
a fine or other lesser penalty
preliminary offences
where a crime has been planned but has not been completed for some reason, like interrupted or unsucessful
two types of preliminary offences
attempt and conspiracy
attempt penalty
punishable by the same penality as if the crime had taken place, unless its attempted murder which may carry a lower penalty.
conspiracy
when two or more people jointly conspire to commit a crime
problem in proving conspiracy
may be hard to prove if there is no physical record avaliable
regulatory offences
laws set out in delegated legislation, like regulations or local laws
examples of regulatory offences
lighting a fire whilst a fire ban is in place or traveling on public transport without a ticket
summary offence
minor offences
features of summary offences
heard and sentances by a magistrate in a local court, lesser penalties
source of summary offence law
Summary Offences Act 1988 (NSW)
Indictable offence
heard and sentenced by a judge in a district court and tried by a jury
steps before an indictable case is taken to court
charge certification
case confrencing
court
parties to a crime
principal in the first degree, principal in the second degree, accessory before the fact, accessory after the fact
principal in the first degree
the person who actually commits the criminal act
principal in the second degree
someone who was present at the crime and assisted or encouraged the principal offender
accessory before the fact
someone who helped the principal to plan or carry out the crime in planning or preparation before it is actually carried out
accessory after the fact
someone who assisted the principal offender after the crime has been committed
factors affecting criminal behaviour
psychological, social, ecomomic, political, genetic, self-interest
physiological factors
any possible mental illness affecting a persons behaviour
social factors
family situation or personal relationships that may influence a person to commit crime, also may be the environment a person has been raised in
economic factors
people from disadvantaged backgrounds are more likely to commit crimes
political factors
public order offences have political aspects when protests get violent
genetic factors
investigations where DNA of prisoners are taken to see if there is one common genetic marker, none have been conclusive
self interest
driven by greed and personal interest rather than underlying socioeconomic or political factors
situational crime prevention
stops the crime before it is committed, like CCTV cameras or non alcohol zones that act as crime deterrents
social crime prevention
more hollistic approach to address the underlying social factors that may lead to criminal behaviour.
strategies of social crime prevention
government funding, parenting workshops for parents of disadvantages backgrounds, youth programs
criminal investigation process relevant themes and challenges
balancing rights of victims, offenders and society
use of discretion
sedition
Any oral or written intention to bring hate to the sovereign, including inciting disaffection against the government or parliament.
treason
Any attempt or intention to levy war against the state, assist the enemy or cause harm to or the death of the Governor General, Prime Minister or Queen of Australia.
source of police powers
Law Enforcement (Powers and Responsibilities) Act 2022 (NSW)
warrant
a legal document issues by a magistrate or judge authorising an officer to perform a particular act
code of behaviour for police
outlined in the standards of professional conduct, police are expected to treat all members of the community in a fair and ethical manner
complaints regarding police can be made to
NSW ombudsman and Police Integrity Commission
reasons for unreported crime
reluctance to become involved, fear of consequences, inability to report, dispute has already been settled with offender, burden of reporting crime
parameters for arrest
catching a person committing an offence
believing on reasonable grounds that someone has committed or is about to commit an offence
possessing a warrant for arrest
maximum detention period
6 hours
what must the police do while a person is detained
gather enough evidence to charge an individual, and if this is not done they can be let free
charge negotiation
police exercising their discretion to avoid a trial, offering a less sentance if the accused pleads guilty to a lower amount of charges.
what do warrants include
state the premesis being searched
identify what is being searched for
summons
a legal document specifying the court date to which the accused must attend and the charge to which they must appear
subpoena
a legal document requiring a person to attend and give evidence to the court
feild court attendance notice
for minor effences and issued by the police on the spot. Provide details of the offence, date and time of their court hearing and consequences if they fail to attend.
interrogation
the act or process of questioning a suspect, carried out by investigating officers
suspects right to silence
a suspect does not have to speak in interrogation until they have a lawyer present, but if anything is brought up in court that was not in interrogation, it may look suspicious.
the adversary system
Relies on a two sided structure of opposing sides, each presenting its own position, with an impartial judge or jury hearing each side and determining the truth in the case.
advantages of the adversary system
allows each party an equal oppurtunity to present their case
less prone to bias
cases are prepared before trial
Jury is a cross section of society and is impartial
disadvantages of the adversary system
competing sides are not equal before the law in many cases
if additional evidence is required, the judge and jury can not request it
complex cases may not be understood by jury
two types of prosecutors
police prosecutors and the DPP
what do judges decide
just sentences
what do magistrates decide
both verdict and sentence