CRIME - HSC CORESECTION 1-NATURE OF CRIME

Mr Shipp, Term 2/3 2014

Hint: It is important to learn every dot point of crime as there are 15 multiple choice questions in the HSC

SYLLABUS POINTS

THE MEANING OF CRIME

• Crime - an act or omission committed against the community at large that is punishable by the state (Public Law)

• When a person commits a crime, it is deemed to be committed against all of society

Hint: Quite simply, learn the definition of crime

• Criminal law is a particularly controversial area of law because any changes will usually have wide-ranging effects

• There is often tension between various community groups, social commentators and lawmakers when attempts are made by legislators to change criminal law.

Rights of the

Accused

Rights of the Victim

Rights of the Wider

Community

Rights of the

Accused

Rights of the Victim

Rights of the Wider

Community

CRIMINAL LAW: BALANCE OF RIGHTS

Criminal Behaviour

CRIMINAL LAW• The main areas of criminal law are investigation,

enforcement, prosecution, defence, criminal trial, sentencing and punishment

• The Director of Public Prosecutions is known as the state or the Crown. The Crown must prove its case beyond reasonable doubt.

Hint: Criminal law is public law because offences are brought to court by the state

ELEMENTS OF CRIME

• Prosecutors need to prove that the elements of the particular offence are present. Two fundamental elements are applicable in most cases:

actus reus (guilty act)

That the accused person actually committed the crime must proved the accused carried out the

relevant criminal act

mens rea (guilty mind)

The accused person sufficiently intended to commit the crime. the prosecution must prove, to some degree, that the accused

intended to commit crime

WHAT ARE THE ELEMENTS OF CRIME IN THIS CASE?

MENS REA (CONT)• The conscious and willing mind that was present in

performing a crime.

• The three main levels of mens rea include:

Intention Recklessness Criminal Negligence

a clear, malicious or wilful intention to commit the crime

the accused was aware that their

action could lead to a crime being

committed, but chose to take that

risk anyway

where the accused fails to foresee the

risk where they should have and so

allows the avoidable danger to

manifest,

CAUSATION

• That there is sufficient causal link between the actions of the accused and the result of the crime

• Important when trying to prove actus reusR v Munter [2009] NSW

Todd Munter, was charged with manslaughter after he punched 66-year-old Ken Proctor over a dispute regarding water restrictions. Mr Proctor fell to the

ground after the punch and Mr Munter kicked him in the midsection with moderate force. Shortly afterwards, Mr Proctor died from a heart attack as a result of the blows inflicted upon him by Mr Munter. Although there was no

apparent intention to murder Mr Proctor, it was deemed by the courts that Mr Proctor’s death was caused by the unlawful assault of the accused. Mr Munter was convicted of manslaughter and jailed for three years and three months.

STRICT LIABILITY OFFENCES• An offence where the mens rea

does not need to be proved; only the actus reus needs to be proved. Traffic offences and breaches of regulations

• E.G for speeding offences the police does not need to show that a person intended to break the speed limit (mens rea) only that the person did so (actus reus)

Hint: Classic MC question because it links two definitions together.

CATEGORIES OF CRIME

Remember there are categories of crime

and there are examples of crime

Hint: potential MC question

Crime Statistics NSW 2011

1.OFFENCES AGAINST THE PERSON

• The act of killing a human being. Four main categories of homicide in NSW law: murder, manslaughter, infanticide and death by reckless driving.

A. Homicide

• The deliberate killing of a person. The accused intended to deliberately kill the victim

• Most serious homicide offence, punishable by life imprisonment

• e.g Ivan MILAT - R v Milat NSW - backpacker murders

i. Murder

• The killing of a person in a manner that is considered to be less intentional than murder

• Punishable by up to 25 years’ imprisonment

• Example: R v DAWES 2006 - manslaughter of autistic son, R v Lavender – involuntary manslaughter

• 3 main types of manslaughter

ii. Manslaughter

voluntary manslaughter

the killing of a person where the accused did intend or was reckless about killing someone

but there are mitigating circumstances

Involuntary manslaughter

the killing of a person where the death occurred

because the accused acted in a negligent way, but

without intention to kill the person

constructive manslaughter

the killing of a person while the

accused was carrying out another

dangerous or unlawful act

• Infanticide is a special category of manslaughter that applies to the death of a baby under the age of 12 months at the hands of its mother

• If post-natal depression can be proven, it can be used as a mitigating circumstance

• example: R v Folbigg 2005 NSW- murder of infants

iii. Infanticide

• When a person drives in an unsafe and reckless way, such as under the influence of alcohol or a drug, or at excessive speed, causing the death of another human being

• Punishable by maximum penalty of 10 years in prison

• example: P-Plate Driver, Byron Bay 2006, Boating accident on Sydney Harbour 2008. Byron’s Law

iv. Dangerous driving causing death

Boat Accident Sydney Harbour 2008

• Causing physical harm or threatening to cause physical harm to another person

• Aggravated assault - the assault of a person with an object rather than the assailant’s own body. E.G Knife, infected syringe

B. Assault

• Forced into sexual intercourse against their will and without their consent

• Lack of consent is central to the crime of sexual assault

• indecent assault - an assault and ‘act of indecency’ on or in the presence of another person without their consent

• aggravated sexual assault in company - sexual assault performed with another person or people present together with aggravating circumstances

C. Sexual Assault

2.OFFENCES AGAINST THE STATE

• An attempt or manifest intention to levy war against the state, assist the enemy, or cause harm to or death of a head of state

• Punishable by up to 25 years’ imprisonment (NSW) or life imprisonment (Commonwealth)

A. Treason

• Promoting discontent, hatred or contempt against a government or leader of the State through slanderous use of language; in Australia, sedition includes offences of urging force or violence against the government

• Anti-Terrorism Act 2005 (Cth) - crime to urge another person to use force or violence to a particular end, such as overthrowing the government or Constitution. Punishment up to seven years

B. Sedition

3. ECONOMIC OFFENCES

A. Crimes Against Property

i. Larceny

• When one or more persons intentionally takes another person’s property without consent and without intention of returning it e.g shoplifting

• Punishment up to five years imprisonment

• when property is taken directly from a victim, usually forcefully

• Threatened use of a weapon then the crime is called ‘armed robbery’ and will carry an even higher sentence.

ii. Robbery

• Commonly known as burglary, break and enter offences usually occur when a person enters a home with intent to commit an offence e.g burglary

• Can be associated with larceny

iii. Break and Enter

• Various non-violent crimes associated with professionals or businesspeople, such as:

• embezzlement

• tax evasion

• insider trading

B. White-Collar Crime

NEWS ARCTICLE

• When a person steals money from a business over a period of time while they are employed at that workplace

i. Embezzlement

• An attempt to avoid paying the full amount of taxes due by concealing or underestimating a person or business’s income or assets

ii. Tax evasion

• When a person illegally trades on the share market to their own advantage using confidential information

iii. Insider Trading

• Computer offences include various crimes related to hacking and unauthorised access or modifi- cation of data e.g Internet Fraud

• penalty of up to 10 years’ imprisonment

C. Computer Crimes

4. DRUG OFFENCES• The most common drug offences focus on cultivation, production,

supply and trade (trafficking), possession or use of the drug.

• Drug offences will often carry severe penalties.

• Users - face penalties or required to attend a drug rehab program

• Suppliers/Cultivators - Severe penalties, possible incarceration

• Traffickers - lengthy jail sentences, some countries may involve the death penalty

Hint:The Drug Court opened in 1999 and has local/district jurisdiction. Offenders will be reffered to the 3 courts in NSW

Just click me already….

Youth Drug Court NSW Closure 2012

5. DRIVING OFFENCES

• The most common traffic offences include:

• exceeding the speed limit

• driving without a licence or while disqualified

• Ignoring road signs

• driving above the legal blood alcohol limit of 0.05.

• Punishment will be determined due to the type of driving offence, usually summary

6. PUBLIC ORDER OFFENCES

• Relate to acts that are deemed to disturb the public order in some way, such as a disturbance in or in sight of a public area

A. Affray using or threatening

to use violence towards another

that would cause a reasonable person

present at the scene to fear for their

safety

D. Riot similar to affray, but with 12 or

more people using or threatening to

use unlawful violence for a

common purpose

B. obscene, indecent or threatening language or

behaviour in public

C. Indecent exposure

BIKIE GANG BRAWL - SYDNEY AIRPORT

7. PRELIMINARY OFFENCES• Where the crime has not been completed for

some reason

B. Attempt an offence where a principal crime was attempted but failed or was

prevented for some reason despite the intention to complete it

A. Conspiracy when two or more people plot to commit a crime together

Hint: In most cases, punishment for preliminary crimes will be the same as carrying out the crime itself

8. REGULATORY OFFENCES

• Watering the garden despite water restrictions being in place

• Breach of occupational health and safety regulations

• Travelling on public transport without a valid ticket

• Lighting a fire or BBQ on a day of total fire ban.

Hint: These are usually strict liability offences

DRAW THE CRIME CATEGORY CHART WITH EXAMPLES

WHO CAN REMEMBER ALL THE

CATEGORIES OF CRIME

SUMMARY AND INDICTABLE OFFENCES

Hint: This section gets connected with the criminal process in MC

PARTIES TO A CRIME• Principal in the first degree – this is the principal offender, or the person

who actually commits the criminal act e.g armed robber takes the money

• Principal in the second degree – this is a person who was present at the crime and assisted or encouraged the principal offender to perform the offence e.g armed robbery holds the security back

• Accessory before the fact – an ‘accessory’ will be someone who has helped the principal to plan or carry out the crime e.g The boss

• Accessory after the fact – this is someone who has assisted the principal after the actual act is committed e.g Person helping to hide the offenders

Hint: This section is a perfect multiple choice question

Parties to a Crime - Two Hands (movie)

FACTORS AFFECTING CRIMINAL BEHAVIOUR

• The scientific study of crime and criminal behaviour is known as criminology

THIS WOULD BE MY BIGGEST SLIDE!!!

• Many forms of mental illness affects a person’s behaviour (mens rea)

• This factor will be important during the trial and sentencing process

1. Psychological factors

• Family/Social influences may lead an individual to commit crime

• example: growing up with a parent who manufactures drugs

2. Social factors

• People from disadvantaged backgrounds are more likely to commit crimes and front our courts than any other group

3. Economic factors

• Research has compared the DNA of prisoners to see if there is any one common genetic marker that can predict criminal behaviour.

4. Genetic factors

• Crimes against the state or public order offences may be politically motivated to commit a crime

5. Political factors

• White-collar crimes are a good example of criminal activity being driven by greed and self-interest

6. Self interest

Hint: This section is directly linked to the theme issues of compliance and non-compliance in regard to criminal law

CRIME PREVENTION: SITUATIONAL

• Police Officers patrolling

• Installing bars or alarm systems at home

• Installing lighting to key crime areas (Parks)

• Playing classical music in shopping centres

• Installing closed circuit TV (CCTV) cameras

• Alarm tags installed on clothes/alarm gates in shops

• Developing alcohol-free zones

• Installing blue fluorescent lights in public toilets

Situational Crime Prevention - 60 Minutes

CRIME PREVENTION: SOCIAL

• Improving school attendance

• Education programs to teach young people criminal law

• Parenting workshops for disadvantaged groups

• Early police intervention

Hint: remember the theme and challenge regarding balance of rights

MULTIPLE CHOICE: CRIME

• 1 Selling alcohol to a minor is best described as which of the following?

• a - a public order offence

• b - a strict liability offence

• c - an offence against the person

• d - an offence against the sovereign

CORRECT ANSWER

• B - a strict liability offence • an offence where the mens rea does not need

to be proved; only the actus reus needs to be proved. Traffic offences and breaches of regulations

2 Involuntary manslaughter is best described as which of the following?

a) a person causing the death of another human being because they acted in a negligent way

b) a person taking their own life

c) a murder reduced to manslaughter due to mitigating circumstances

d) a person causing the death of another and they intended to do so

CORRECT ANSWER

a) a person causing the death of another human being because they acted in a negligent way

• 3. What is larceny?

• a) a white-collar crime that is on the increase

• b) using force when stealing goods

• c) the act of breaking into a private residence to steal something

• d) the intentional taking of another person’s property without their consent

CORRECT ANSWER

• d) the intentional taking of another person’s property without their consent

• 4. Writing a book calling for the violent overthrow of the government might be prosecuted as what type of offence?

• a) a crime against humanity

• b) a crime against a person

• c) a crime against property

• d) a crime against the sovereign

CORRECT ANSWER

• d) a crime against the sovereign

• 5. A person who helps a criminal hide out at their house might be charged as:

• a) an accessory before the fact

• b) an accessory after the fact

• c) principal in the first degree

• d) principal in the second degree

CORRECT ANSWER

• b) an accessory after the fact

• 6. Which of the following is an example of a strict liability offence?

• (A) Arson (B) Assault (C) Speeding (D) Theft

CORRECT ANSWER

• C) Speeding

• 7. An 8-year-old cannot be charged with a criminal offence because there is an absence of:

• (A)mens rea. (B)causation. (C)actus reus. (D)strict liability

CORRECT ANSWER

• A) Mens Rea

9. What is the use of surveillance cameras in public places an example of?

A) Retribution B) Restorative Justice

C) Social Crime Prevention D) Situational Crime Prevention

CORRECT ANSWER

D) Situational Crime Prevention

18yr old Alex and 19yr old Dale planned to rob a bank. The next day Alex drove the car and waited for Dale to rob the bank. Dale robbed the bank and they both drove away. 12 yr old Shane was

waiting at their house to assist them.

10. What best describes the role played by Shane? A) Accessory after the fact B) Accessory before the fact C)

Principal in the first degree D) Principal in the second degree

11. What category of crime has Alex committed? A) Driving B) Property C) Public order D) White Collar

12. Which of the following best describes what Dale committed?

A) Both attempted robbery and robbery B) Both conspiracy to rob and robbery C) Conspiracy to rob D) Robbery

CORRECT ANSWER

10. A) Accessory after the fact 11. B) Property

12. B) Both conspiracy to rob and robbery

13. Police allege a driver was speeding in a school zone. What do police have to prove if the matter

goes to court?

A) the driver was speeding B) the driver intended to speed

C) The driver knew it was a school zone D) the driver knew the school zone speed limit

CORRECT ANSWER

A) the driver was speeding

• Kelsey and Bailey plan to hack into the banking system and steal several million dollars to finance their retirement. The police uncover the plot and arrest them.

• 14. What motivated Kelsey and Bailey to plan the crime?

• (A) Self-interest (B) Political motives (C) Substance addiction (D) Differential association

• 15. With what type of crime might Kelsey and Bailey be charged?

• (A) Drug offence (B) Economic offence (C) Preliminary offence (D) Offence against the sovereign

• 14. A) Self Interest

• 15. C) Preliminary Offence