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Part 1 - Crime (yr12) > categories of crime > Flashcards

categories of crime Flashcards

1
Q

What are the four ways we can categorise crime?
(4 answers)

A

Types of offences – i.e. offence against person or drug offence, etc
Jurisdiction – i.e. NSW, Commonwealth, etc
Seriousness of offences – i.e. summary or indictable offences
Parties to a crime – i.e. if there were assistors to the crime, etc

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2
Q

What are the eight types of offences?
(8 answers)

A

Offences against the person
Offences against the sovereign
Ecconomic 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

What are the three ofences against the person?
(3 answers)

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, homicide can be 1 of the following_?
(4 answers)

A

Murder
Manslaughter
Infanticide
Dangerous driving causing death

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7
Q

Define murder

A

Premeditated killing of someone

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8
Q

What is the max sentence for murder

A

End up with life imprisonment (25 yrs)

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9
Q

For accused to be charged with murder prosecution must prove at least of 1 of the following _?
(4 answers)

A

Intention was to kill
Intention was to cause serious harm that resulted in death
Act was done recklessly w/o consideration that it may cause death
Death occurred as a result of another serious crime being committed (serious means 25yr life imprisonment)

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10
Q

Define manslaughter

A

Killing someone with less of an intention

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11
Q

What is the max sentence for manslaughter

A

In NSW maximum sentence for manslaughter is 25 years

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12
Q

Why may the accused receive this conviction if?

A

It can’t be proven they intended (level of mens rea) to kill the victim

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13
Q

What are the three types of manslaughter?
(3 answers)

A

Voluntary manslaughter
Involuntary manslaughter
Constructive manslaughter

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14
Q

Define voluntary manslaughter

A

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

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15
Q

Define involuntary manslaughter

A

Death as a result of the accused behaving recklessly or negligently w/o intending to kill

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16
Q

Define constructive manslaughter

A

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

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17
Q

Define infanticide

A

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

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18
Q

Under what act is infanticide?

A

Crimes Act 1900 (NSW) -> has to consider the state of mind of the mother

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19
Q

What is one of the most common causes of infanticide?

A

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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20
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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21
Q

Dangerous driving causing death can inculde what?
(4 answers)

A

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

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22
Q

What is the max penalty for dangerous driving causing death?

A

Maximum penalty is 10yrs or 14yrs jail for aggravated

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23
Q

Define assult

A

When someone physically attacks or threatens to attack another

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24
Q

Define wounding

A

Means no more than the top layer of skin is removed

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25
Define common assult
Threatening to cause harm to another or assault where there is no physical harm
26
What act is common assult defined in?
CA in NSW under s61 Crimes Act 1900
27
Threats can include what? (4 answers)
Text messages Emails Phone calls Anything that cause the victim to fear violence
28
What are the three sub-categories under Crimes Act 1900 for assult?
Actual bodily harm s59 Grievous bodily harm s35 Aggravated assault s32 & s54
29
Ouline actual bodily harm s59 of the Crimes Act 1900
Hurt that impacts health/comfort inc. psychiatric illnesses e.g. depression, anxiety, etc -> summary offence, max 7 years, usually Magistrates court but can choose to hear in District
30
Outline grievous bodily harm s35 of the Crimes Act 1900
Serious injury that doesn’t have to be long-lasting, permanent or life threatening -> Indictable offence, Heard in District or Supreme courts, Includes knowingly transmitting STIs (max 10yrs or 14yrs), Max 10yrs
31
Outline aggravated assault s32 & s54 of the Crimes Act 1900
Reckless wounding or grievous bodily harm -> Indictable offence, max 25yrs, Heard in District or Supreme courts
32
What are the degrees of assult? (4 answers)
Common assult Wounding Grievous bodily harm Aggravated assault
33
What is the max sentence for common assult?
$2200 or max 2yrs
34
What is the max sentence for wounding?
Max 7yrs or 10yrs if another person present
35
What is the max sentence for grievous bodily harm?
Max 10 yrs
36
What is the max sentence for aggravated assault?
Max 25yrs
37
Define sexual offences?
When someone is forced into sexual intercourse without consent
38
What act specifies sexual offences?
Crimes Act 1900 (NSW)
39
Under the Crimes Act 1900 (NSW) sexual offences include what? (4 answers)
Sex Oral Any other sexual act If an individual says no at any time during the act
40
What is the max sentence for sexual offences?
14 years jail
41
Define aggravated sexual assault
When there are even more serious circumstances - Violence is used - <16yrs old 🡪 not legally able to give consent under Federal law - Victim has serious physical or intellectual disability
42
What is the max sentence for aggravated sexual assault?
Max sentence 20yrs jail except if victim is <10yrs old then it is life imprisonment (25 yrs)
43
Define indecent assault
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
44
Define aggravated indecent sexual assault in company
Sexual assault with another person/people present whereby the other ppl are depriving the victim of freedom or threatening them with harm
45
What is the max sentence for aggravated indecent sexual assault in company?
life imprisonment highest criminal conviction for a sexual offence (same as murder charges)
46
Define kidnapping
Taking someone or holding them w/o their consent
47
What is the max sentence for kidnapping?
Max 14-25yrs depending on whether aggravated
48
What are the two types of stalking?
Cyber stalking Physical stalking
49
What is the max sentence for stalking?
Max 5yrs jail
50
Define SNPP
Standard Non-Parole Period
51
Outline offences against the sovereign
Any type of offence that has anything to do with the state or heads of state
52
Give two examples of offences against the sovereign
Treason Sedition
53
Define treason
Any action that goes against the state, harms or results in the death of the head of state
54
Define sedition
using written word or speech to try to bring hatred against the govt, parliament or head of state
55
What act does sedition fall under?
Anti-Terrorism Act 2005 (Cth)
56
What is the max sentence for sedition?
Max 12months jail for this offence (used to be life then 7yrs then 3yrs)
57
In 2008 sedition laws were amended to only include what?
In 2008 sedition laws were amended to only include " crimes that urge violence”
58
What act does treason fall under in Australia?
Introduced in Australia under Crimes Act 1900 (NSW) and Crimes Act 1914 (Cth)
59
What are the types of treason that fall under the Crimes Act 1914 (Cth)? (4 answers)
Harms heads of state in any way Instigate an invasion Suggest war against the Cth Assists an enemy of state in armed conflict against Cth or ADF excludes humanitarian effort
60
What is the max sentence for treason?
Mandatory life sentence w/o parole for 40yrs
61
Define economic offences
Any offences that result in the loss of property or money
62
What do economic offences include? (3 answers)
Crimes against property White-collar crimes Computer offences
63
What is the most common type of crime?
Economic offences
64
What are the three main crimes against property? (4 answers)
Larceny Robbery B&E Vandalism (not as common)
65
Define larceny
Aka theft – when someone takes another person’s property w/o consent
66
What is an example of larceny?
Shoplifting
67
What is the max sentence for larceny?
Max sentence 5yrs jail
68
Define robbery
Involves using force when stealing property or if property is taken directly from the victim
69
What is the max sentence for robbery?
Max is 14yrs jail but 20yrs for armed and 25yrs for robbery with wounding
70
Armed robbery is when _?
If they have a weapon then it becomes armed robbery
71
Define B&E (breaking and entering)
When a person enters a building with the purpose of committing another offence e.g. larceny
72
What is the max sentence for B&E?
Max 14yrs jail
73
Define white collar crimes
Those that are usually non-violent associated with business people & money
74
What are examples of white collar crimes? (3 answers)
Embezzlement Tax evasion Insider trading
75
Define embezzlement
When someone steals someone’s money that has been given to them trustingly
76
Give one example of embezzlement?
E.g. when employee steals from employer
77
What is the max sentence of embezzlement?
Max 10yrs jail
78
Define tax evasion
When a person or company tries to avoid paying taxes
79
What is the max sentence for tax evasion?
Max 10yrs jail & up to 40% punitive tax to bst for tax avoidance
80
Define insider trading
Illegally acquiring company info & using that to their advantage to buy & sell shares
81
What is the max sentence for insider trading?
Max 10yrs + $450,000 fine
82
What are the computer offences under the Crimes Act 1900 (NSW)? (4 answers)
hacking unauthorised access, modification, damage to data damaging communication tech damaging tech with intent to commit another offence cyber crimes
83
What is the max sentence for computer offences?
Max 10yrs jail
84
Define fraud
Economic offence that involve an element of deceit or lying for gain
85
What are the types of fraud? (6 answers)
Fraudulent misappropriation Fraudulent personation Credit card fraud Internet phishing – emails & sites Destroying/concealing accounting record Corrupt commissions
86
What is the max sentence for fraud?
Max 10yrs jail, 7yrs for commissions
87
Why is fraud becoming more prevelant?
Increased use of tech has made this type of crime easier
88
Define fraudulent misappropriation
Unauthorised use of another person’s name, likeness or identity resulting in that person being harmed
89
What does fraudulent misappropriation include? (2 answers)
Credit card fraud ATM skimming devices
90
Define fraudulent personation
Falsely assuming the identity of another person
91
Identity crime is using personal details to _? (2 answers)
Apply for credit cars/loans Open bank accounts
92
Why are drug offences in their own category?
These are in their own category as they are usually considered a victimless crime
93
In NSW drug laws are specified what acts? (2 answers)
Drug Misuse and Trafficking Act 1985 (NSW) and Summary Offences Act 1988 (NSW)
94
Define drug offences?
Any crime linked to drugs
95
Define driving offences?
Any offence related to driving
96
Driving offences are specified under what acts? (2 answers)
Driving offences are specified under the Road Transport Act 2013 (NSW) and the Crimes Act 1900 (NSW)
97
What is the max sentence for speeding?
Max $2,585fine + 7 demerits + 6mth suspension
98
What is the max sentence for mobile phone use?
Max $2,200 + 5 demerits
99
What is the max sentence for drink driving (0.05BAC)?
Max $5,500 (2nd offence) + 2yrs jail
100
What is the max sentence for dangerous driving?
10yrs max
101
What is the max sentence for dangerous driving causing death?
10yrs max
102
What is the max sentence for dangerous driving causing death with aggressive element?
14yrs max
103
What is the max sentence for failing to stop/assist in accident that results in injury/ death
Max 7yrs & 10yrs respectively
104
What is the max sentence for driving with drugs or high BAC
Max 2yrs jail (18mth for 1st time offence)
105
Define preliminary offences
Any type of offence committed before the committing of a crime or incomplete crime (i.e. it was interrupted or unsuccessful)

Part 1 - Crime (yr12) (5 decks)

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