Reckless indifference
Recognition of the probability of death
Mitigating factors
Facts that can reduce the seriousness of a crime
Murder
To be a murderer, the act must involve one of the following:
- a deliberate act to kill
- a deliberate act to inflict serious harm which a death occurs
- an act done with reckless indifference to human life
- death occurs while carrying out a serious crime
Voluntary manslaughter
Voluntary manslaughter occurs where the state proves men’s rea murder, but the defendant successfully uses a defence to decrease their liability for the crime
Eg. provocation, diminished responsibility, excessive self defence
Involuntary manslaughter
Involuntary manslaughter Exists when an unlawful homicide has occurred, but without the intentional aspects of men’s rea
Infanticide
Where a mother caused the death of her child within the first 12 months after the birth.
Can occur while pregnant
Punishment; similar to manslaughter
Used as a defence to murder
Assault
FIND NOTES
Public order offences
Also known as “summary offences” or “ police offences”
Wide descretion given to police to control behaviour and order in or near public places
- offensive language or conduct
- soliciting
- damage or defacing property
- obstruct to traffic
Preliminary crimes
Previous crimes involved in the actual carrying out of a crime by an individual
- time element of crime
- who was involved in the commission of crime
Attempt
Proof that intend to commit a crime must be present
- crimes act provides that the crime is as if the crime had succeeded
Conspiracy
An agreement between two or more persons to commit a crime
Complicity
Where two or more persons cooperate in the commission of a crime
Regulatory offences
- fire
- water
- travel
- OHS/ WHS
- parking
- strict liability
Strict liability
Where the intention of the offender is not relevant
Victimless crimes
Definition
Crimes where there is no such hurt or injury, no victim
Examples of victimless crime (5)
- prostitution
- pornography
- vagrancy
- drunkenness
- drugs
Victim
A victim is an individual that is harmed, injured, or killed as a result of a crime, accident or another action of event.
Perpetrator
A primary cause of a crime
Principal first degree
Someone who actually commits the crime
Principal second degree
Offender present at the crime/ assist
Accessory before the act
Someone that helped plan the act
Accessory after the act
Someone knowing about the crime, helped the offender afterwards
Prevention of crime strategies
- police
- guard dogs
- alarms
- educational programs
- fencing
- locks
- promotion of penalties
- neighbourhood watch
- safety houses
- prison
- tv/ media
- punishments
Police assist line (131 444)
If you are a victim of a crime other than life threatening or tie critical emergency situations contact police line
Types of crime you can report to the police assist line
- break and enter
- fail to pay for fuel
- motor vehicle/ vessel theft
- steaming
- malicious damage
- minor motor vehicle crashes
- lost property
- taxi fare evasion
Crime stoppers
Crime stoppers operates 24hrs a day, 7 days a week and allows members of the community to anonymously report criminal or suspicious behaviour or activity
