1.5 Categories of crime Flashcards
(19 cards)
Why are categories of crimes important?
They have implications on how the police investigate the crime and the seriousness dictates how/where the crime will be heard.
Categories can affect the level of police resources allocated and the urgency of the investigation.
What does the seriousness of a crime dictate?
It dictates how and where the crime will be heard.
Seriousness can refer to the distinction between felonies and misdemeanors.
What is influenced by the type of crime committed?
The type of punishment that will be imposed.
Different categories of crimes often carry different penalties.
What determines the court in which a trial will be held?
The category of the crime.
This can include distinctions between local, state, or federal courts.
Fill in the blank: The _______ of a crime affects the punishment that is decided.
[seriousness]
The seriousness often correlates with the legal classification of the crime.
What are the three distinct areas of offences against the person?
- Crimes involving physical injury to the victim 2. Homicide 3. Assault
These areas categorize the various ways a person can cause injury to another person.
Define homicide.
The unlawful killing of a person, with exceptions such as self-defense and killing an enemy in combat.
Judges must determine a causal relationship between the accused’s actions and the victim’s death.
What are the four main categories of homicide in NSW law?
- Murder
- Manslaughter
- Infanticide
- Death by reckless driving
These categories help classify the severity and circumstances of unlawful killings.
What is defined as assault?
A threat (real or perceived) of and/or actual physical harm caused by one person to another.
Assault is both a criminal offence and a tort.
What may aggravated assault include?
- Aggravated assault occasioning actual bodily harm
- Wounding
- Causing grievous bodily harm
These are more serious forms of assault with increased penalties.
What constitutes sexual assault?
Involves sexual contact with another without consent, including spouses.
Reforms have been made to prevent alleged offenders from cross-examining alleged victims in court.
True or False: Sexual assault is a broader category than rape.
True
Rape is an old common-law term, while sexual assault encompasses various non-consensual sexual acts.
What was the outcome of the case R v O’Grady (2001)?
Matthew O’Grady shot Christopher Brown and later confessed to the police.
The case highlights issues of youth, drug use, and violence.
What crime did Clarke and Marsh commit in R v Clarke [2001]?
They stole a vehicle and committed manslaughter of Lanh Ngoc Bui after a robbery attempt went wrong.
The victim died after being injured during the robbery.
What was significant about the Skaf case?
Bilal Skaf and his brother were part of a gang that raped several young women, leading to significant legal reforms.
The case raised issues regarding juror behavior and the use of transcript evidence in trials.
Fill in the blank: The Criminal Procedure Amendment (Evidence) Act 2005 allows _______ to be used in certain types of trials.
transcript evidence
This amendment was influenced by issues that arose during the Skaf case.
What was the case of Jessica Silva about?
She killed her ex who was attacking her and her family.
This case is notable for its context of self-defense and the complexities of legal outcomes.
