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Flashcards in The Nature of Crime Deck (31)
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Define crime

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


Elements of crime

actus reus
mens rea


What is actus reus

the accused actually committed the crime


What is mens rea

the accused intended to commit the crime


What is a strict liability offence? +e.g.

When only the actus reus must be proven.
most traffic offences


What is causation +case

there is a link between the act and the harm caused
R v. blaue


Types of crime

Indictable and summary


What is an indictable offence

One that society considers to be very serious e.g. murder or sexual assault


What is a summary offence?

A less serious charge e.g. drink driving or shop lifting


What are the three categories of offences against persons

-sexual assault


What is homocide + 4 types

When a person has been unlawfully killed
-death by reckless driving


What are the 4 conditions prosecution must prove one occurred?

-deliberate act to kill
-deliberate act to cause serious harm during which death occurred
-reckless indifference to human life
-death occurred during the commission of a serious crime aka constructive murder


what is manslaughter + 2 types

Unlawful killing but the accused have a defence for their actions
-involuntary: no mental intent to cause death
-voluntary: did intend to but mitigating circumstances


What is infantacide + legislation

Mother causing the death of a child within the first 12 months of life
crimes act 1900 (nsw) requires mothers mental state to be taken into account


What must be proven in death by reckless driving

A casual relationship i.e. the action caused the death not the road etc.


What is assault

Causing physical harm or threatening to cause physical harm to another person
aggravated assault is more serious e.g. with gun


What is sexual assualt

sexual contact with another person without their consent (over 16 and sober)


2 types of offences against the sovereign + acts

treason and sedition
-anti terrorism act 2004 (clth)


What is sedition

act of encouraging hatred or contempt of the monarch, government or constitution


What is treason

breach of allegiance to your country in the form of causing harm to the monarch or working with your countries enemies to bring down the monarch or government


Types of economic offences

-crimes against property
-white collar crimes
-computer crimes


Types of crimes against property

-larceny: stealing
-Breaking and entering: forced entry into somewhere with intent to commit offence
-robbery: taking a persons property from them or within their vicinity + armed robbery


Types of white collar crimes

-tax evasion: fraudulating tax return (income tax assessment act 1977 (cwlth))
-Insider trading: when someone with special knowledge uses it to gain
-computer crime: computer based property offences e.g. money laundering, scams (copyright act 1968 (cwlth))


What do drug offences include

-manufacture and cultivation
-distribution, supply and trafficking
-possession and use


What acts govern driving offences

-crimes act 1900 (nsw)
-road transport (safety and traffic management)act 1999 (nsw)
-road transport (general) act 1999 (nsw)


What is a public order offence constituted by:

-disrupt the activities of society
-what may be acceptable in private may not be acceptable in public
-issue is it is often over-policed and gives people records for minor offences


types of preliminary offences

-attempt : same as carrying it out exc. murder
-conspiracy:two or more people agree to commit a criminal act - actus reas=agreement mens rea=planning


4 parties to a crime

-principal in the first degree
-principal in the second degree
-accessory before the fact
-accessory after the fact


what is a joint criminal enterprise

two or more people conduct criminal activity with a common purpose and all parties are equally criminally liable, despite different roles


4 factors affecting criminal behaviour

-education and parental attitudes (crimes wrong)
-social and economic factors (hurt society)
-genetic theories (no link but mental issue)
-political factors (nelson Mandela)