Flashcards in The Nature of Crime Deck (71):
Any act or omission that results in harm to society at large and is punishable by the state.
What is a criminal act seen as an attack on?
The ethical and moral standards of society
Define actus reus
'Guilty act' - the prosecution must prove the accused carried out the relevant act required for the crime
Define mens rea
'Guilty mind' - the prosecution must prove the accused intended to commit the crime.
What are the three main levels of mens rea?
Intention, recklessness and criminal negligence
What is 'intention' (one level of mens rea)?
A clear, malicious or wilful intention to commit the crime.
What is recklessness (an intermediate level of mens rea)?
The accused was aware that their actions could lead to a crime being committed but went ahead anyway.
What is criminal negligence (a level of mens rea)?
The accused fails to foresee the risk of their actions and therefore allow avoidable danger to occur.
What is a strict liability offence?
A minor offence where only actus reus is needed to be proved, not mens rea.
What are 3 examples of strict liability offences?
Speeding, selling alcohol to a minor and statutory rape.
What is causation?
Proving the behaviour of the accused actually caused the criminal act alleged.
What is a homicide?
The unlawful killing of another person, whether deliberate or accidental.
_________ must be established in a homicide.
Causation- between the actions of the accused and the death of the victim.
What are the four types of homicide?
Murder, manslaughter, dangerous driving causing death and infanticide.
What is infanticide?
The death of a baby (under 12 months) killed by the mother.
Dangerous driving is a type of ___________.
What is the maximum penalty for dangerous driving causing death?
What is manslaughter?
Death at the hands of an accused however it can not be proved they intended to kill the victim.
What are the 3 types of manslaughter?
Voluntary, involuntary and constructive.
What is voluntary manslaughter?
The accused killed with intent HOWEVER there are mitigating circumstances (for example, provocation)
What is involuntary manslaughter?
The death occurred where the accused acted in a reckless/negligent way.
What is constructive manslaughter?
The killing of a person where an accused was carrying out another crime (e.g assault and the person was accidentally killed in the process)
In a murder, the prosecution must prove at least one of the following existed:
Intention to kill
intention to inflict serious bodily harm (which resulted in death)
The act was committed with reckless indifference to another life.
The act was done whilst the accused was committing/attempting to commit a crime punishable by 25+ years.
___% of homicides are domestic violence related
What are the 3 sexual offences?
Indecent assault, aggravated sexual assault, aggravated sexual assault in company.
_______ __________ have a low conviction rate because people are afraid to speak up.
What is aggravated sexual assault?
When there are aggravating circumstances (for example, if the victim is under 16 and can not legally consent, if there was violence used, if the victim had a disability)
What is indecent assault?
When the accused commits and act of indecency on or in the presence of another person without their consent. It usually involves innaproporiate touching a in a sexual manner.
What is aggravated sexual assault in company?
Sexual assault performed with another person or with people present and either depriving the person of their liberty or threatening/inflicting bodily harm.
What is assault defined as?
Causing harm to someone or threatening to cause physical harm.
What is common assault?
A threat to inflict bodily harm.
What is physical assault?
A direct act in which force is applied to another person's body unlawfully or without their consent.
What is the maximum penalty for physical assault?
5 (sometimes 7 in more serious matter) years imprisonment.
Why does the state prosecute offences against the sovereign?
To protect the structure, authority and integrity of the state and the citizens it governs.
What are the two offences against the sovereign?
Treason and sedition.
What is treason?
Any attempt/manifest intention to levy war against the state, assist the enemy or cause harm/death to the Governor General or PM.
What is the maximum sentence for treason?
What is sedition?
Promoting discontent, hatred or contempt against a government leader through slanderous language.
What are the two types of economic offences?
Crimes against property
White collar crimes
What are the three crimes against property?
Larceny, robbery and break and enter
What is larceny?
One or more people intentionally take another's property without intention of returning it.
What is robbery?
Use of force when stealing goods/property and DIRECTLY taken from the victim.
What is break and enter?
Someone enters a room or building with intent to commit a crime.
What are the three types of white collar crimes?
Embezzlement, tax evasion and insider trading.
What is embezzlement?
A person misappropriates another's property/money that they've been entrusted with.
What is tax evasion?
When a person avoids paying taxes or fraudulently fills out a tax form.
What is insider trading?
A person obtains confidential information about a company that will affect that company's share price.
What are computer offences?
The hacking or unauthorised access/modification of data.
What is the maximum sentence for insider trading?
What is fraud?
Deceitful conduct carried out for personal gain.
What are some examples of fraud?
Identify theft, internet phishing and requesting bank details under fraudulent email.
What are the main drug offences?
Possession, use, cultivation, supply.
What is the act that relates to drug offences?
Drug Misuse and Trafficking Act 1985 (Cth)
How are driving offences enforced most commonly?
By Police through one the spot fines
What are some common traffick offences?
Speeding, driving without a licence, ignoring road signs, drink driving.
What are 3 examples of some more serious driving offences?
Negligent driving causing death/harm
Failing to stop and assist at an accident
What is a public order offence?
An act that disturbs the public in some way
Where are public order offences listed?
Summary Offences Act 1988 (NSW)
Part 3A of the Crimes Act 1900 (Cth)
What are the most serious public order offences (4)?
Affray, riot, explosives/firearms offences and bomb hoax.
What is affray?
Using/threatening to use unlawful violence on another that would cause one to fear for their safety.
What is the maximum sentence for affray?
What is riot?
12 or more people using/threatening to use unlawful violence.
What is a preliminary crime?
And offence that precedes the commission of a crime OR where it has not been committed for some reason
What are the two preliminary crimes?
What is attempt?
Prosecutor must prove the offence was all BUT completed or that it failed despite the intention for it to be carried out.
What is conspiracy?
Two or more people jointly conspire to commit a crime and an agreement is met between the two parties with the intention explicit in a signed document or recording ect.
What is a regulatory offence?
A more minor offence with lesser penalties
What are 3 examples of regulatory offences
Watering a garden despite water restrictions
Travelling on public transport without a valid ticket
Illegal disposal of hazardous material (more serious)
Regulatory offences are usually _____ ________ offences.
What is the act that relates to summary offences?
Summary Offences Act 1988 (NSW)