Crime Section 1

Question 1

Define crime

Answer 1

An act or omission of duty which breaks the law and causes harm to society and is punishable by the state

Question 2

What are the four legal characteristics of a crime?

Answer 2

• Must be an act or omission of duty that breaks the law
• Act or omission of duty must cause harm to society
• Act or omission must be punishable by the state
• State takes the person who committed the offence to court, where the offence must be proved according to the rules of criminal procedure

Question 3

What are the three major statutes under which the majority of crimes are contained?

Answer 3

1. Crimes Act 1900 (NSW)
2. Summary Offences Act 1988 (NSW)
3. Drug Misuse and Trafficking Act 1985 (NSW)i

Question 4

What are the two elements of a crime? Explain them.

Answer 4

1. Actus reus- guilty act
   - Act or omission of duty which breaks the law
   - Has 3 important characteristics:
   > Act/omission actually took place
   > Act/omission was done by the accused
   > It was voluntary
2. Mens rea- guilty mind
   - Commission of an act / omission of duty with one of the three states of mind:
   > Recklessness- the accused could foresee the probability of harm but chose to act anyway
   > Intent- the accused chose to commit the crime
   > Gross negligence- the accused failed to exercise the degree of care, skill or foresight that a reasonable person would have exercised in the same circumstances

Question 5

What are the three important characteristics of the actus reus?

Answer 5

> Act/omission actually took place
Act/omission was done by the accused
It was voluntary

Question 6

What are the three states of mind that constitute the mens rea?

Answer 6

> Recklessness- the accused could foresee the probability of harm but chose to act anyway
Intent- the accused chose to commit the crime
Gross negligence- the accused failed to exercise the degree of care, skill or foresight that a reasonable person would have exercised in the same circumstances

Question 7

Describe strict liability offences

Answer 7

• Crimes for which there is no mens rea
• Prosecution does not need to prove mens rea as proof of the act (the actus reus) is sufficient to constitute a crime
• E.g. speeding, selling alcohol to minors

Question 8

Explain the nature of causation

Answer 8

• For a crime to be proved, causation must be proved

- The act or omission must have caused the specific injury complained of

Question 9

List two circumstances in which the actus reus is said to have caused the death even if there were other contributing factors. Cite relevant cases for each circumstance.

Answer 9

1. Ordinary natural events - R v Hallet 1969
   - Hallet beat victim up and left him unconscious on beach
   - Tide came in and victim drowned.
   - Found guilty
2. Taking victims as you find them- Blaue v R 1975
   - Blaue stabbed victim. She was taken to hospital.
   - Required blood transfusions but refused them due to her religion and died.
   - Found guilty

Question 10

List the 7 categories of a crime

Answer 10

1. Offences against the person
2. Offences against the sovereign
3. Economic offences
4. Drug offences
5. Driving offences
6. Public order offences
7. Preliminary crimes

Question 11

Describe offences against the person as one category of crime

Answer 11

• Acts or omissions of duty which harm other people

e. g. sexual assault, murder

Question 12

Describe offences against the sovereign as one category of crime

Answer 12

• Acts or omissions which aim to disrupt or harm the governing body of a country
  > Treason
  > Sedition

Question 13

Describe economic offences as one category of crime

Answer 13

• Acts or omissions of duty against people’s property or finance
  > Crimes against property: offences which involve damage or removal of property
  e.g. theft, breaking and enter
  > White-collar crimes: offences committed by people working in a business
  e.g. insider trading, embezzelement
  > computer crimes: offences committed using computers to gain money
  e.g. hacking, fraud

Question 14

Describe drug offences as one category of crime

Answer 14

• Acts or omissions which violate the Drug Misuse and Trafficking Act 1985 (NSW)
• Includes: possession, trafficking, cultivation, manufacture and importation

Question 15

Describe driving offences as one category of crime

Answer 15

• Offences involving cars
• Most are summary or regulatory offences (strict liability)
  e. g. driving without a seatbelt, speeding

Question 16

Describe public order offences as one category of crime

Answer 16

• Acts which occur in public and are seen as offensive or disruptive
  e. g. obscene exposure, solicitation etc

Question 17

Describe preliminary crimes as one category of crime

Answer 17

• Occur when a person attempts to comit a crime
  > Conspiracy: where 2 or more people plot to commit a crime
  > Attempt: where a crime is attempted but is not committed successfully

Question 18

Explain the difference between summary and indictable offences

Answer 18

• Summary offences are less serious offences that are heard by a magistrate in a local court.
  e. g. shoplifting
• Indictable offences are more serious offences that are heard by a judge and jury in a higher court.
  e. g. murder

Question 19

List and describe the parties to a crime

Answer 19

1. Principal in the first degree- person who commits the crime
2. Principal in the second degree- person who assists the principal in the first degree to commit the crime
3. Accessory before the fact- person who helps plan the offence but is not there when it occurs
4. Accessory after the fact- person who helps the principals after the crime occurs

Question 20

Why do people obey criminal laws most of the time?

Answer 20

1. Their beliefs, values or customs mean they abide the law anyway
2. Laws regulate behaviours that people think should be regulated
3. People are educated to think certain behaviours are wrong
4. People fear punishment
5. People fear public shame/ condemnation
6. People have a general desire for protection

Question 21

Why do people sometimes break the law?

Answer 21

1. They see the law as being unimportant
2. They don’t think they will get caught
3. They give into temptation
4. They see it as thrilling / exciting

Question 22

What factors can influence a person to commit criminal behaviour?

Answer 22

1. Social factors- people from disadvantaged backgrounds may commit crimes.
   e. g. having parents/friends commit crimes
2. Economic factors- people who are financially disadvantaged may commit crimes
   e. g. steal food to eat
3. Political factors- people may commit crimes because they feel the law they are breaking is wrong
   e. g. sick people who use marijuana for pain relief
4. Self-interest factors- people may commit crimes for personal or economic gain
   e. g. greedy people may begin to steal from their work if an opportunity presents itself
5. Genetic factors- popular unproven theory that people may inherit a genetic predisposition towards certain criminal behaviours e.g. violence

Question 23

What are the two types of crime prevention? Describe them

Answer 23

1. Situational crime prevention
   - Involves:
   > Making it physically harder to commit crimes
   e.g. putting locks on doors
   > Increasing the risk of detection
   e.g. putting security alarms in cars
   > Reducing the rewards of crimes
   e.g. putting stricter laws on pawn shops
2. Social crime prevention:
   - Involves targeting and improving underlying social factors that contribute towards criminal activity
   e. g. running workshops for young parents
   e. g. keeping children from truanting