Core Crime Notes – HSC Legal Studies

Definition: Conduct violating community rights, punishable by state under $\text{Crimes Act 1900 (NSW)}$ .
Elements
• $\text{Actus Reus}$ – voluntary guilty act/omission
• $\text{Mens Rea}$ – guilty mind: intention, recklessness, criminal negligence
• Causation – link between act & result
• Strict-liability offences: prove act only (e.g. speeding).
Categories
• Offences against person (murder, manslaughter, assault, sexual)
• Offences against sovereign (treason, sedition)
• Economic offences (property, white-collar, computer)
• Drug, driving, public-order, preliminary (attempt, conspiracy)
• Regulatory offences (strict liability).
Summary vs Indictable
• Summary: less serious, Local Court, no jury, max $2$ yrs per o ence
• Indictable: serious, District/Supreme; some triable summarily.
Parties to a Crime: principal 1st degree, principal 2nd, accessory before, accessory after.
Factors Influencing Crime: psychological, social, economic, genetics (inconclusive), political, self-interest.

Situational: target-hardening (CCTV, alarms, lighting), reduce rewards, increase risk.
Social: address root causes (education, youth programs, rehab, parenting).

Stages: Enforcement → Adjudication → Correction.
Police Powers (LEPRA 2002): detain/question, search/seize, reasonable force, tech use, arrest, bail recommendation.
Reporting: public role; Crime Stoppers.
Gathering Evidence: lawful collection (Evidence Act 1995), maintain integrity, use of tech (DNA, databases).
Search & Seizure: with/without warrant on ‘reasonable grounds’.
Arrest: warrant or statutory grounds; must state reason; excessive force prohibited.
Detention: max $6$ hrs (+8 hrs warrant); caution + right to silence; under $18$ needs responsible adult.
Charge / Release: CAN, bail, or remand.

Bail Act 2013 (NSW):
• ‘Show-cause’ offences require justification for release.
• Unacceptable Risk Test – four bail concerns (court appearance, commit serious o ence, endanger, interfere).
• 2024 reforms: youth motor-vehicle & DV show-cause, electronic monitoring, stay of release.

Courts: Local (summary, committal), District (most indictables), Supreme (murder, treason), CCA, High Court.
Adversarial System: prosecution vs defence before impartial judge/jury.
Personnel: judge, magistrate, police prosecutor, DPP, defence (legal aid, public defenders).
Burden & Standard: prosecution; beyond reasonable doubt.
Evidence Rules: relevance, legality, no hearsay/opinion (unless expert).
Defences
• Complete: mental illness, automatism, mistake, self-defence, duress, consent
• Partial (to murder): provocation (NSW only), substantial impairment.
Juries: $12$ citizens; unanimous/majority $11$ - $1$ ; hung jury ⇒ retrial.

Purposes (Crimes (Sentencing Procedure) Act 1999 s3A): punishment, deterrence (specific/general), protection, rehabilitation, accountability, denunciation, recognition of harm.
Judicial Discretion vs Mandatory sentences (e.g. one-punch law).
Factors
• Aggravating (violence, weapons, vulnerable victim, hate, prior record)
• Mitigating (youth, remorse, plea, assistance, good character).
Penalties (ascending severity): caution → criminal infringement notice → fine → bond/probation → community service → suspended sentence → ICO → home detention → imprisonment → post-sentence detention/deportation.
Post-Sentence: parole, protective custody, sex-o ender register.
Victim Impact Statements considered at sentencing.

Age of Responsibility:
• <10 yrs – absolute $doli\;incapax$
• $10$ – $14$ – rebuttable presumption
• $15$ – $17$ – full liability, Children’s Court jurisdiction.
Children’s (Criminal Proceedings) Act 1987: closed court, no media ID, focus rehabilitation.
Police Powers: support person, $4$ -hr interview cap, no strip search <10, court order for DNA <18.
Diversion (Young Offenders Act 1997): warnings → cautions → Youth Justice Conferences.

Categories
• Crimes against international community: genocide, crimes against humanity, war crimes, aggression
• Transnational crimes: human/drug tra cking, money-laundering, cybercrime, terrorism.
International Criminal Court (Rome Statute 1998): last resort; jurisdiction if state unable/unwilling; prosecutes genocide, crimes against humanity, war crimes, aggression.
Extradition (Extradition Act 1988): surrender suspects to requesting states; >130 treaties.
Key Bodies: INTERPOL, UN Convention against Transnational Organised Crime 2000, Australian agencies (AFP, ACIC, ABF, AHTCC, PTCN).
Challenges: sovereignty concerns, resource gaps, political will, need for cooperation & intelligence-sharing.