HSC Legal Studies: Core I - Crime

The meaning of crime

Any act of omission that results in harm to society al large and is punishable by the state

Actus rea

The physical act of the crime: ‘guilty act’

Mens rea

The mental element of the crime: ‘guilty mind’

Intention

A clear, wilful attempt to commit a crime through act or omission.

Recklessness

Establishes that the accused was aware that their action could lead to a crime being committed, yet they chose to act in that manner anyway

Negligence

The accused’s failure to forsee the risk at a time when they should have and so allows the avoidable danger to occur, **usually resulting in harm to or the death of another person that the accused had a duty to protect.**

Strict liability offences

Crimes that only require the actus rea to be shown (reduced level of proof required)

e.g. minor offences like traffic offences

Causation

The actions of the accused do not need to be the sole cause of the harm, but they must be a **significant cause**

The prosecution must prove a substantial link between the act and the crime

Offences against the person (divided into which areas?)

Involve some form of harm or injury to an individual.

Three areas each including numerous offences:

* homicide
* assault
* sexual offences

Homicide

the unlawful killing of another person, including both deliberate and accidental acts of killing with varying degrees of mens rea

Four main categories of homicide in NSW law:

* murder
* manslaughter
* infanticide
* dangerous driving causing death

Murder

the deliberate killing of a person, the most serious homicide offence and is punishable by life imprisonment

Manslaughter

the killing of a person in a manner that is considered to be less intentional than murder, punishable by up to 25 years’ imprisonment

Voluntary manslaughter

Occurs when a person kills with intent, but the court finds mitigating circumstances such as provocation reduce the culpability of the accused.

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 dangerous or unlawful act

Infanticide

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

Dangerous driving causing death

Occurs when a person drives in an unsafe and reckless way

Assault

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

Common assault

A form of assault that doesn’t involve physical harm to a person

Physical assault

A direct act in which force is applied another person’s body unlawfully and without their consent

Sexual assault

a type of assault where someone is forced into sexual intercourse against their will and without their consent

Aggravated sexual assault

applicable where there are aggravating circumstances, such as where violence is used

Indecent assault

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

Aggravated sexual assault in company

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

Treason

 acts directed against the sovereign

Sedition

any oral or written intention to bring the sovereign into hatred or contempt, and including inciting disaffection against the government or parliament.

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\`