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Flashcards in Nature of Crime Deck (16)
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Meaning of Crime

An act or omission of duty resulting in harm to a society that is punishable by the state.


Elements of Crime & Meaning

Mens Rea- a persons intention to commit a crime (Guilty Mind)

Actus Rea- physical performance of a criminal act (Guilty Act)


Strict Liability Offences

-Mens Rea isn’t accounted for when making a decision.
-Only accounts for Actus Reus


Define Causation

The link between the act and the harm caused by it. E.g. the R v Brave (1975)


Define Indictable Offences

-Serious criminal act
-Heard before a judge
-Tried before Judge & Jury
-Judgement determined by jury
-Punishment by judge
-Charge by public prosecutor
-Punishment: imprisonment/hefty fine


Define Summary of Offences

-Less severe
-heard by a magistrate
-Punishment determined by magistrate
-Charged by police officer
-Punishment: fine, good behaviour bond, community service


Parties to a Crime

Principal in first degree- carries out the crime.
Principal in second degree- present at the crime and encouraged principal offender.
Assessory before the fact- helped principal offender.
Assessory after the fact- assisted principal offender after the crime.


Categories of Crime

1) Offences against person
2) Offences against sovereign
3) Economic Offences
4) Drug Offences
5) Driving Offences
6) Public Order Offences
7) Preliminary Crimes


Offences Against Person

1) Murder
2) Homicide
3) Manslaughter
4) Infanticide
5) Dangerous driving causing death
6) Assault
7) Sexual Assault


Economic Offences

1) Crimes against property
2) White Collar Crime
-Associated with business people
3) Computer Offences


Drug Offences

1) Acts involving prohibited drugs
2) Growing, selling and use of drugs
3) Drug Misuse and trafficking Act 1985 (NSW)
4) Customs Act 1901 (Cwlth)


Analyse Driving Offences

1) Road Transport Act 1999 (NSW) 2) Crimes Act 1900 (NSW)
3) Common Driving Offences
-Exceeding the speed limit
-Driving without licence
-Ignoring road signs
-Above blood alcohol limit of 0.05


Analyse Public Order Offences

1) Offences Act 1988 (NSW)
2) Common Public Offences
-Possessing a knife
-Threatening language
-Ignoring reasonable police directions


Analyse Preliminary Crimes

1) Crime has not yet been completed
2) Attempt to commit a crime, usually same punishment


What are the Factors Affecting Criminal behaviours?

1) Psychological
2) Social
3) Economic
4) Political
5) Genetic theories
6) Self-interests


Analyse Crime Prevention

1) Situational Crime Prevention- make it difficult for the crime to be carried out.

2) Social Crime Prevention- attempts to address underlying social factors that may lead to criminal behaviour.