Criminal Justice System Overview

Important Legislation

Key legislation includes: Crimes Amendment (Computer Offences) Act 2001 (NSW), Crimes Act 1900 (NSW), Copyright Amendment Act 2006 (Cth), Crimes Act 1914 (Cth), Criminal Code 1995 (Cth), Anti-Terrorism Act (No. 2) 2005 (Cth), Drug Misuse and Trafficking Act 1985 (NSW), Summary Offences Act 1988 (NSW), Customs Act 1901 (Cth), Road Transport (Safety and Traffic Management) Act 1999 (NSW).

Significant Cases

Key cases include R v Thomas Sam; R v Manju Sam (2009), R v Munter (2009), Boughey v The Queen (1986), DPP v Newbury and Jones (1977), R v AEM; E v KEM; R v MM (2002), R v Rivkin (2003), R v Whybrow (1951).

The Nature of Crime

Definition

A crime is defined as any act or omission that results in harm to society and is punished by the state.

Elements of Crime

  1. Actus Reus: Refers to the physical act of committing a crime; must be voluntary.

  2. Mens Rea: Refers to the intention behind the crime, can vary in levels (negligence, recklessness, intent).

  3. Causation: Establishes a link between the act and the result.

Categories of Crime

  • Offences Against Person: Physical harm to individuals.

  • Offences Against Sovereign: Political crimes (e.g., treason, sedition).

  • Economical Offences: Include drug trafficking and driving offences.

  • Public Order Offences: Acts deemed unacceptable by society.

  • Preliminary Offences: Planning or attempting a crime.

  • Regulatory Offences: Relate to local laws and regulations.

Offence Types

  • Summary Offences: Minor crimes, usually heard in local courts.

  • Indictable Offences: Serious crimes, heard in higher courts with a jury.

Parties to a Crime

Different roles in a crime:

  • Principal in the First Degree: Main perpetrator.

  • Principal in the Second Degree: Assists or is present during the crime.

  • Accessory: Assists before or after the crime.

Factors Affecting Criminal Behaviour

Consider psychological, social, economic, and political influences on crime.

Crime Prevention Strategies

  1. Situational Crime Prevention: Making crime harder to commit through environmental design and deterrence.

  2. Social Crime Prevention: Addressing root social issues, such as education and housing.

Criminal Investigation Process

Police Powers

  • Power to detain, search, interrogate, and gather evidence under specific laws, with regulations to protect citizens' rights.

Reporting and Investigating Crime

  • Citizen involvement is crucial in reporting crime, although many hesistate.

Gathering Evidence

  • Must be collected lawfully and within a timeframe to be admissible in court.

WA warrants

  • Legal documents allowing police to conduct searches and arrests, generally require probable cause.

Criminal Trial Process

Court Jurisdiction

  • Cases are heard in respective courts based on severity, nature, and type of hearing.

Adversary System

  • Two-sided structure where prosecution and defense present cases before an impartial judge or jury.

Legal Representation

  • Critical for fair trials; legal aid available for disadvantaged individuals.

Key Legal Concepts

  • Burden of Proof: Lies on the prosecution; must prove guilt beyond reasonable doubt.

  • Defences: Include justifications or excuses, such as mental illness, self-defense, or provocation.

Juries and Verdicts

  • A jury’s role includes evaluating evidence and reaching a verdict; they have specific eligibility criteria for service.