HSC Legal Studies: Crime Core Part I Chapter 1,2,3 & 4

Key Terms for crime

Crime

An act or ommision against the community at large that is punishable by the state.

State

A government and the people it governs

Accused

The person or alleged offender who criminal action is being taken against.

Prosecute

When the crown or state takes action against an accused person in a court of law.

Crown

the state party that commences a criminal
action in a court of law; in NSW, the action is
usually commenced by the Director of Public
Prosecutions; if the alleged crime is against a
federal criminal law, the action is usually
commenced by the Commonwealth Director
of Public Prosecutions.

Beyond reasonable doubt

The standard of proof required in a criminal case for a person to be found guilty.

Actus Reus

A latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime.

Mens Rea

a Latin term meaning ‘guilty mind’, meaning
that the accused intended (to some degree)
to commit the crime, knowing their actions
were wrong.

Recklessness

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

Criminal Negligence

where the accused fails to foresee the risk
when they should have and so allows the
avoidable danger to occur.

Strict Liability Offence

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

Causation

the link between the behaviour of the
accused and the result (that is, that the
behaviour of the accused actually caused the
alleged criminal act).

Trafficking

dealing or trading in something illegal,
particularly drugs.

Homicide

the unlawful killing of another person.

Murder

The deliberate killing of a person.

Manslaughter

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

Voluntary Manslaughter

The killing of a person where the accused intended to kill or was reckless about killing someone but there were mitigating
circumstances.

Involuntary Manslaughter

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

Constructive Manslaughter

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

Provocation

the defence where the defendant claims that
their actions were a direct result of another
person’s actions, which caused them to lose
control of their own actions.

Mitigating Circumstances

circumstances that make an offence less
severe; these can lead to a reduced sentence.

Infanticide

the death of a baby under 12 months at the hand of its mother.

Assault

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

Common Assault

an assault where there is no actual physical
harm to the person assaulted; it includes
threatening to cause physical harm to
another person.

Sexual Assault

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

Sexual Intercourse

broadly defined in the Crimes Act 1900

(NSW) to include oral sex or penetration of
the vagina or anus by any part of another
person’s body or by an object manipulated by
another person.

Indecent Assault

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

Agravated Sexual Assault In Company

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

Treason

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

Sedition

promoting discontent, hatred or contempt
against a government or leader of the state
through slanderous use of language; in
Australia, sedition includes the offences of
urging force or violence against the
government.

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

commonly known as burglary, break and
enter offences usually occur 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, such as embezzlement, tax
evasion or insider trading

Embezzlement

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

Tax Evasion

an attempt to avoid paying the full amount of
taxes due by, among other things, concealing
or underestimating a person’s or business’s
income or assets.

Insider Trading

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

Fraud

deceitful or dishonest conduct carried out for
personal gain.

Affray

using or threatening to use violence on
another person that would cause a
reasonable person present at the scene to
fear for their safety.

Riot

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

Attempt

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

Conspiracy

when two or more people plot to commit a
crime together.

Summary Offence

a less severe offence that is heard and sentenced by a magistrate in a Local Court

Indictable Offence

a more severe offence that is heard and sentenced by a judge in a District Court or tried before a judge and jury.

Criminology

the scientific study of crime and criminal behaviour.

Chapter 2 : Discretion

the power of police to make decisions about
how to act based on professional judgment
and guidelines.

Investigate

for the police, carrying out research to discover evidence and examine the facts surrounding an alleged criminal incident

Arrest

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

Interrogate

to formally question a suspect in relation to an alleged crime

Search and Seizure

Reasonable Force

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

Warrant

a legal document issued by a magistrate or
judge authorising an officer to perform a
particular act, such as make an arrest,
conduct a search, seize property or use a
phone tap

Evidence

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

Charge

Formal accusation of a person of commiting a criminal offence

Forensic

related to scientific methods of solvingcrimes, involving examining the objects or substances that are involved in the crime

In Situ

a ‘Latin’ term meaning “in the place”; used to the place in which a piece of evidence is found or situated

Inadmissible Evidence

evidence that cannot be considered by a
judge or jury in court (for example,
confessions that were obtained by force)

DNA Evidence

genetic material (such as hair, blood and
saliva) that can be used to link a suspect
with a crime scene or criminal offence, or to
clear a suspect.

Interrogation

the act or process of questioning a suspect, carried out by the investigating officers.

Caution

a statement issued by police to a suspect when they are detained to inform the suspect of their rights

Court Attendence Notice

a legal document that states when and
where a person must appear in court and the
charge to which they must answer.

Subpoena

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

Bail

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

Surety

in bail, where another person agrees to
provide a financial guarantee that the accused
will return to the court for trial in exchange for
the accused’s release until that date.

Remand

a period spent in custody awaiting trial.

Chapter 3: Appeal

an application to have a higher court review a

decision of a lower court.

Court Hiearchy

the system of courts within a jurisdiction from lower courts to intermediate and higher courts

Original Jurisdiction

the authority of a court to hear a matter for the first time.

Appellate Jurisdiction

the authority for a court to review matters on appeal from another court.

Commital Proceedings

proceedings in which a magistrate
determines if there is enough evidence for a
case to proceed to trial in a higher court.

Magistrate

a Judicial officer in the Local Court; in New
South Wales, magistrates are appointed by
the Governor.

Coroner

a judicial officer appointed to investigate
deaths in unusual circumstances

Coronial Inquest

a court hearing conducted by a coroner to help determine the manner and cause of death.

Adversary System

a system of law where two opposing sides
present their cases to an impartial judge or
jury.

Inquisitorial System

a system of law where two sides present
their cases to a judge who directs the cases
and can call for particular evidence.

Police Prosecutor

a NSW Police Force officer trained in
prosecution; usually prosecutes summary
offences.

Public Prosecutor

a legal practitioner employed by the Director of Public Prosecutions; usually prosecutes indictable offences

Public Defender

a public barrister who can appear for an
accused in a serious criminal matter where
legal aid has been granted.

Plea

a formal statement of guilt or innocence by
the accused

Charge Negotiation

an agreement between the Director of Public
Prosecutions and the accused that involves
the acceptance of a guilty plea, usually in
exchange for something else

Burden of Proof

in criminal matters, the responsibility of the
prosecution to prove the case against the
accused.

Standard of Proof

the level of proof required for a party to
succeed in court.

Beyond Reasonable Doubt

Acquittal

a judgment that a person is not guilty of

the crime of which they have been charged

Mental Health Impairment or Cognitive Impairment

mental or cognitive impairment at the time of the act, meaning the accused cannot have formed the mens rea at the time of the offence; previously known as the defence of mental
illness or insanity.

Involuntary Behaviour or Automatism

an act that cannot be controlled or is not voluntary, such as an epileptic fit

Mistake

where the defendant acted under an honest
and reasonable mistake and thus could not
have formed the mens rea

Self-Defence or Neccessity

where the defendant acted in defence of self, another or property; only accepted in limited circumstances and only for reasonable force

Duress

Coercion or Pressure by one party to influence another party

Consent

a complete defence for some crimes if the
accused can show the victim freely
consented to the act in question.

Provocation

the defence where the defendant claims that their actions were a direct result of another person’s actions, which caused them to lose
control of their own actions.

Substantial Impairment because of Mental
Health Impairment or Cognitive Impairment.

defence used when the accused is suffering
from a mental or cognitive impairment; this was
previously known as substantial impairment of
responsibility, or diminished responsibility.

Peremptory Challenge

when the legal team rejects a juror without needing to provide a specific reason.

Challenge for Cause

when the legal team rejects a juror because they believe that for some reason the juror will be prejudiced.

Chapter 4 :Sentencing Hearing

a hearing following a finding of guilt in which a magistrate or judge will determine the sentence to be given to the accused

Maximum Penalty

set by parliament; the maximum sentence
available to a court to impose for an offence;
the maximum penalty is rarely handed down

Judicial Discretion

the power of a judge or magistrate to make a
decision within a range of possibilities based
on the particular circumstances of a case.

Guideline Judgement

a Judgement issued by the court, on the application of the Attorney-General, that will set out sentencing guidelines for a particular offence.

Mandatory Sentencing

removal of judicial discretion by legislation,
by setting a minimum or mandatory sentence
for a particular offence or type of offender.

Detterent

Something that is discourages or is intended to discourage someone from doing something.