CRIMINAL LAW nature of crime yr12

Question 1

What is the meaning of CRIME?

Answer 1

Crime an act or omission of duty (failure to act) that breaks the law, that is harmful to the community, punishable by the state where the person is committed to court where the offence must be proven

Question 2

What are the characteristics of CRIME?

Answer 2

• must be an act or omission
• act or omission must be harmful to the community
• act or omission is punishable by the state
• state takes offender to court and is tried by state.

Question 3

Elements Of Crime

Answer 3

In order to be found criminally liable for an offence there are two elements which must be proven.
Actus Reas “guilty act”, physical performance or conduct element of a criminal act.

Mens Rea- “guilty mind” a person is guilty of the crime that they carried out and intended to do so.

Question 4

Elements of Crime Pt2

Answer 4

Strict Liability offences- prosecution must only prove that illegal act was done. Only Actus Reas e.g overloaded truck.
Causation- link between act and harm caused by it. Act or omission committed must have caused specific injury complained of.

Question 5

Categories of Offences

Answer 5

• Summary offences
• heard by and decided by magistrate in local court no jury
• relatively minor offences
  e.g., driving offences, offensive behaviour
• Indictable Offences
• Serious criminal offences, may be heard by judge or jury.
  e.g., Murder, sexual assault
• Regulatory offences
• offences specified in delegated legislation and carry lower penalties
• e.g., breaching water restrictions, breaching fire restrictions, environmental offences.

Question 6

Categories of Crime

Answer 6

Homicide- unlawful killing of an individual
Murder- deliberate act to kill, or deliberate act to cause serious harm which resulted in death occurring.
Manslaughter- unlawful killing but person mot charged with murder as they have defence for their actions
- Involuntary- death occurs but there was no mental intent to cause death.
- Voluntary- death was intended but mitigating circumstances exist e.g being provoked.

Question 7

Categories of Crime Pt2

Answer 7

Assault-causing physical harm or threatening to cause physical harm to another person
- Aggravated assault- aggravated assault- use of dangerous weapon, assault of police officer or intention to causer serious harm.
Sexual Assault- sexual contact with another person without their consent, including unwanted sexual contact with spouse. If someone over 16 has sex with someone under the age this also counts as sexual assault
- Aggravated sexual assault- use of excessive violence.

Question 8

Categories of Crime Pt3

Answer 8

• Crimes against the sovereign
  Treason- working with countries enemies to bring fall of government
  Sedition- inciting hatred towards government
  Illegal demonstrations- not obtaining permission for demonstrations
  Trespassing on government land

Question 9

Economic Offences

Answer 9

Crimes against a person
 Larceny or theft- taking away another person’s property without their consent, no use of violence, while theft use of violence.
 Breaking and entering- person forces entry into a building
 Robbery- accused taking persons property directly from vicinity of person involves use or threat of violence.
White- collar crime- committed by professional people in context of business.
 Tax evasion- tax avoidance
 Insider trading- person with special knowledge of company uses knowledge to buy shares.
Computer crimes- identity theft, scams, counterfeits.

Question 10

Drug, Driving, Public Order, Preliminary

Answer 10

• Drug offences
  Possession- enough for personal use
  Trafficking – more than enough for personal use
• Driving offences
• summary and regulatory offences speeding wearing a seatbelt, reckless negligent driving
• Public order offences- disrupt the activities of society e.g indecent behaviour, spitting, graffiti.
• Preliminary offences
  Attempts- crime is attempted but not successfully committed, or under the notion of attempt if their behaviour implies, they are going to commit the crime.
  Conspiracy- two or more people agree to do an unlawful act or act unlawfully.

Question 11

Parties to a Crime

Answer 11

• Principal in the first degree- person who carries out act.
• Principal in the second degree- person who assists other in commission of crime. Present in crime but not main participant.
• Accessory before to fact- helps commit crime by planning.
• Accessory after the fact- helps criminal after act is committed.

Question 12

Factors affecting criminal behaviour

Answer 12

• Social and economic factors- statistically people who come from poor or disadvantaged backgrounds or people who are surrounded by or people who are brought up with criminal behaviour will be more likely to commit a crime as they see it more acceptable.
• Genetic factors- some people are born criminal genetic make-up or personality, may result in individual have greater tendency to commit crime.
• Political factors- may commit act as they feel the law, they are breaking is wrong. (civil disobedience) breaking law for political reason.
• Self-interest- involved in criminal behaviour for own personal or economic gain.

Question 13

Crime prevention

Answer 13

• Situational crime prevention- Creating situations where it is difficult for people to break the criminal law. Making crime more difficult or less rewarding to perpetrate
• surveillance cameras, security guards, warning sings, alarms, electronic tags.
• Social Crime prevention- changing social values which cause people to be criminals, prevent cycle of crime and break it.
• redress contributing socioeconomic factors likely to cause an individual committing a crime.
• education, employment, public awareness programs.