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Core 1: Crime > 1.5 categories of crime > Flashcards

1.5 categories of crime Flashcards

1
Q

What are the 4 categories of crime?

A
  1. Types of offence
  2. Jurisdiction
  3. Seriousness of offences
  4. Parties to a crime
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2
Q

List types of offences

A

Offences against the person
Offences against the sovereign
Economic offences
Drug offences
Driving offences
Public order offences
Preliminary offences
Regulatory offences

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3
Q

Define offences against the person

A

Those crimes that result in some form of injury to another person

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4
Q

List the three offences against the person

A

Homicide
Assault
Sexual offences

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5
Q

Define homicide

A

Deliberate or accidental unlawful killing of another

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6
Q

In NSW homiside can be one of the following (4 answers)

A

Murder
Manslaughter
Infanticide
Dangerous driving causing death

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7
Q

For the accused to be charged what must the prosercution prove? (4 answers)

A

Intention was to kill
Intention was to cause serious harm that resulted in death
Act was done recklessly without consideration that it may cause death, hardest to prove
Death occurred as a result of another serious crime being committed

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8
Q

Define manslaugter

A

Killing someone with less of an intention

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9
Q

Why may the accusded be charged with manslaughter?

A

Accused may receive this conviction if it can’t be proven they intended (level of mens rea) to kill the victim

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10
Q

What are the three types of manslaugher?

A

Voluntary manslaughter
Involuntary manslaughter
Constructive manslaughter

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11
Q

Define voluntary manslaughter

A

When person kills intentionally but there is a legitimate defence i.e. provocation

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12
Q

Define involuntary manslaughter

A

Death as a result of the accused behaving recklessly or negligently without intending to kill

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13
Q

Define constructive manslaughter

A

Death as a result of the accused doing something else dangerous or illegal

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14
Q

Define infanticide

A

Death of baby <12 months at the hands of the mother

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15
Q

What needs to be considered by the state in relation to infantcide cases?

A

Under Crimes Act 1900 (NSW) the court has to consider the state of mind of the mother
Post-natal depression is one of the most common reasons of infanticide, so it is always considered in such cases, mitigating circumstances

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16
Q

Define dangerous driving causing death

A

Death that arises when a person who is driving a motor vehicle and inadvertently causes the death of the person

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17
Q

What is included under dangerous driving causing death (4 answers)

A

Alcohol or drug related
Speeding
Distractions such as using mobile
Person not using a seatbelt

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18
Q

Define assult

A

When someone physically attacks or threatens to attack another

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19
Q

What is the most common crime committed against the person?

A

Most common crime against the person

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20
Q

Define wounding

A

Means no more than the top layer of skin is removed

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21
Q

Define common assult

A

Threatening to cause harm to another or assault where there is no physical harm

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22
Q

What can threats include? (4 answers)

A

Text messages
Emails
Phone calls
Anything that cause the victim to fear violence

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23
Q

Define actual bodily harm (s59)

A

Hurt that impacts health/comfort inc. psychiatric illnesses e.g. depression, anxiety, etc

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24
Q

Define Grievous bodily harm (s35)

A

Serious injury that doesn’t have to be long-lasting, permanent or life threatening

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25
Q

Define Aggravated assault (s32 & s54)

A

Reckless wounding or grievous bodily harm

26
Q

List the four degrees of common assult

A

Common Assault
Wounding
Greives Bodily Harm
Aggravated Assault

27
Q

Define sexual offences

A

When someone is forced into sexual intercourse without consent
Under the Crimes Act 1900 (NSW) it includes:
Sex
Oral
Any other sexual act

28
Q

Define aggravated sexual assault

A

When there are even more serious circumstances, i.e.
Violence is used, 16yrs old -> not legally able to give consent under Federal law, Victim has serious physical or intellectual disability

29
Q

Define indecent assault

A

Committing an indecent act in the presence of someone else under Crimes Act 1900 (NSW) this includes touching any part of body in sexual manner w/o consent

30
Q

Define aggravated indecent sexual assault in company

A

Involves sexual assault with another person/people present whereby the other ppl are depriving the victim of freedom or threatening them with harm

31
Q

What does lack of concent include? (3 answers)

A

Lack of consent includes:
Sufficiently intoxicated by drugs/alcohol
Intimidated or coerced
Abusing position of trust or authority

32
Q

Define kidnapping

A

Taking someone or holding them w/o their consent

33
Q

Define offences against the sovereign

A

Any type of offence that has anything to do with the state or heads of state

34
Q

What are two example of offences against the sovereign?

A

Treason
Sedition

35
Q

Define treason

A

Any action that goes against the state, harms, or results in the death of the head of state

36
Q

Define sedition

A

Promoting discontent, hatred, or contempt against a govt. or head of state

37
Q

Define economic offences

A

Any offences that result in the loss of property or money

38
Q

List 3 common types of economic offences?

A

Crimes against property
White-collar crimes -> e.g. melissa caddick
Computer offences

39
Q

List four crimes against property

A

Larceny
Robbery
Breaking and entering (B&E)
Vandalism (not as common)

40
Q

What is larceny a fancy term for?

A

theft

41
Q

Define larceny

A

When someone takes another person’s property without consent

42
Q

Define robbery

A

Involves the use of force when stealing property or if property is taken directly from the victim

43
Q

Why is robbery deamed more serious then larceny

A

It involves the use of force

44
Q

Define breaking and entering

A

When a person enters a building with the purpose of committing another offence e.g. larceny

45
Q

Define white collar crimes

A

Those that are usually non-violent associated with business people & money

46
Q

What do white collar crimes include? (3 answers)

A

Includes:
Embezzlement
Tax evasion
Insider trading

47
Q

Define embezzlement and provide an example

A

When someone steals someone’s money that has been given to them trustingly
E.g. when an employee steals from an employer

48
Q

Define tax evasion

A

When a person or company tries to avoid paying tax

49
Q

Define insider trading

A

Illegally acquiring company info and using that to their advantage to buy & sell shares

50
Q

Under the Crimes Act 1900 (NSW) what is included as a computer offence? (5 answers)

A

Under Crimes Act 1900 (NSW) this includes:
Hacking
Unauthorised access, modification, damage to data
Damaging communication tech
Damaging tech with intent to commit another offence
Cybercrimes i.e. distribution of porn, phishing, scams, dark web trade, etc

51
Q

Define fraud

A

Economic offence that involves an element of deceit or lying for gain

52
Q

What are the 6 different types of fraud?

A

Fraudulent misappropriation
Fraudulent personation
Credit card fraud
Internet phishing – emails & sites
Destroying/concealing accounting record
Corrupt commissions

53
Q

Define fraudulent misappropriation

A

Unauthorised use of another person’s name, likeness or identity resulting in that person being harmed

54
Q

Define fraudulent personation

A

Falsely assuming the identity of another person
Legal term for identity theft

55
Q

Define identity crime

A

Using personal details to:
Apply for credit cards/loans
Open bank accounts

56
Q

Define drug offences

A

In their own category as they are usually considered a victimless crime

57
Q

Define driving offences

A

Any offence related to driving

58
Q

Define preliminary offences

A

Any type of offence committed before the committing of a crime or incomplete crime

59
Q

Deffine attempted crime

A

When someone tries to commit a crime, under Section 334A Crimes Act NSW, attempting indictable offences has the same consequence as actually committing the crime (so do other crimes – unless specified otherwise e.g. attempted murder)

60
Q

Define Conspiracy

A

When 2+ people collaborate and plan to commit a crime
It only counts as conspiracy when there is an agreement that both parties are going to commit the crime

61
Q

Define regulatory offences

A

Laws that deal with low level everyday standards

Core 1: Crime (11 decks)

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