nature of crime
TRANSCRIPT
PROJECT
DATE CLIENTTERM 2, 2011 MR SHIPP
CrimeSection 1-Nature of Crime
The Meaning of The Meaning of CrimeCrimeThe Meaning of The Meaning of CrimeCrimeCrime - an act or omission committed against the community at large that is punishable by the state (Public Law)
Many countries and cultures have different opinions what constitutes criminal behaviour e.g sex outside marriage, consumption of Alcohol
When a person commits a crime, it is deemed to be committed against all of society
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.
Criminal Law: Criminal Law: Balance of RightsBalance of Rights
Criminal Law: Criminal Law: Balance of RightsBalance of Rights
Criminal Behaviour.....Discussion point, personal opinion. what do you think?
Criminal LawThe main areas of criminal law are investigation, enforcement, prosecution, defence, criminal trial, sentencing and punishment
Criminal actions can include crimes against a person, the state and/or against property
The Director of Public Prosecutions is known as the state or the Crown. The Crown must prove its case beyond reasonable doubt.
Elements of CrimeElements of CrimeElements of CrimeElements of Crimeprosecutors need to prove that the elements of the particular offence are present. Two fundamental elements are applicable in most cases:
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 RecklessnessCriminal
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,
CausationCausationthat there is sufficient causal link between the actions of the accused and the result of the crime
Important when trying to prove actus reus
Strict Liability Strict Liability OffencesOffences
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)
mobile speed cameras... 10 news 2010
Crime statistics nswten news 2011
Categories of CrimeCategories of Crime
Offences Against the Offences Against the PersonPerson
Offences Against the Offences Against the PersonPerson
the act of killing a human being.four main categories of homicide in NSW law: murder, manslaughter, infanticide and death by reckless driving.
1.HOMICIDE
the deliberate killing of a person. The accused intended to to deliberately kill the victim
Most serious homicide offence, punishable by life imprisonment
e.g Ivan MILAT - R v Milat NSW - backpacker murders
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
MANSLAUGHTER
voluntary voluntary manslaughter manslaughter
the killing of a the killing of a person where the person where the
accused did intend accused did intend or was reckless or was reckless
about killing about killing someone but there someone but there
are mitigating are mitigating circumstancescircumstances
Involuntary Involuntary manslaughtermanslaughter
the killing of a person the killing of a person
where the death where the death occurred because the occurred because the
accused acted in a accused acted in a negligent way, but negligent way, but without intention to without intention to
kill the personkill the person
constructive constructive manslaughtermanslaughter
the killing of a the killing of a person while the person while the
accused was accused was carrying out carrying out
another another dangerous or dangerous or unlawful actunlawful 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
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
DANGEROUS DRIVING CAUSING DEATH
Boat accident sydney harbour2008
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
2. ASSAULT
when someone is 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
3. SEXUAL ASSAULT
brett stewart sexual assault
Offences Against the Offences Against the StateState
Offences Against the Offences Against the StateState
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)
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 or interference in parliamentary elections. Punishment up to seven years
SEDITION
Economic OffencesEconomic Offences
Economic offences fall into three main categories
crimes against property
white-collar crime
computer offences.
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
1. CRIMES AGAINST PROPERTY
LARCENY
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.
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
BREAK AND ENTER
a general term for various non-violent crimes associated with professionals or businesspeople, such as:
embezzlement
tax evasion
insider trading
2. WHITE-COLLAR CRIME
when a person steals money from a business over a period of time while they are employed at that workplace
EMBEZZLEMENT
Australian businessman detained in chinaMathew Ng, channel ten news
an attempt to avoid paying the full amount of taxes due by concealing or underestimating a person or business’s income or assets
TAX EVASION
Paul hogan accusations of tax evasionten news 2010
when a person illegally trades on the share market to their own advantage using confidential information
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
3. COMPUTER CRIMES
Drug OffencesDrug 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
Major drug bust sydneychannel 10 news 2010
Driving OffencesDriving OffencesThe 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
Public Order Public Order OffencesOffencesPublic Order Public Order OffencesOffences
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
affrayaffrayusing or using or threatening to use threatening to use violence towards violence towards
another that would another that would cause a reasonable cause a reasonable
person present at the person present at the scene to fear for their scene to fear for their
safetysafety
riotriotsimilar to affray, similar to affray, but with 12 or more but with 12 or more
people using or people using or threatening to use threatening to use
unlawful violence for unlawful violence for a common purposea common purpose
obscene, indecent or obscene, indecent or threatening language threatening language or behaviour in publicor behaviour in public
Indecent exposureIndecent exposure
brendon fevola - indecent exposurechannel 10 2010
bikie gang brawl - sydney airportsbs news 2009
Preliminary Preliminary OffencesOffences
where the crime has not been completed for some reason
AttemptAttemptan offence where a principal crime was attempted an offence where a principal crime was attempted but failed or was prevented for some reason despite the but failed or was prevented for some reason despite the
intention to complete itintention to complete it
ConspiracyConspiracywhen two or more people plot to commit a when two or more people plot to commit a crime togethercrime together
IN MOST CASES, PUNISHMENT FOR PRELIMINARY CRIMES WILL BE THE SAME AS CARRYING OUT THE CRIME ITSELF
man arrested for alleged conspiracynsw police 2011
Regulatory Regulatory OffencesOffences
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 barbeque on a day of total fire ban.
USUALLY STRICT LIABILITY OFFENCES
Summary and Summary and Indictable OffencesIndictable Offences
Summary and Summary and Indictable OffencesIndictable Offences
Parties to a CrimeParties to a CrimePrincipal in the first degree – this is the principal offender, or the person who actually commits the criminal act e.g armed robbery 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 driver in getaway car
Parties to a crimetwo hands
Factors Affecting Factors Affecting Criminal BehaviourCriminal Behaviour
The scientific study of crime and criminal behaviour is known as criminology
many forms of mental illness affects a person’s behaviour (mens rea)
This factor will be important during the trial and sentencing process
PSYCHOLOGICAL FACTORS
Family/Social influences may lead an individual to commit crime
example: growing up with a parent who manufacturer drugs
SOCIAL FACTORS
People from disadvantaged backgrounds are more likely to commit crimes and front our courts than any other group
ECONOMIC FACTORS
Research has compared the DNA of prisoners to see if there is any one common genetic marker that can predict criminal behaviour.
GENETIC FACTORS
Crimes against the state or public order offences may be politically motivated to commit a crime
POLITICAL FACTORS
White-collar crimes are a good example of criminal activity being driven by greed and self-interest
SELF INTEREST
Crime Prevention: Crime Prevention: Situational 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
crime prevention before electionabc news 2010
Crime Prevention: Social Crime Prevention: Social Improving school attendance
Education programs to teach young people criminal law
Parenting workshops from disadvantaged groups
Early police intervention
Multiple Choice: Multiple Choice: CrimeCrime
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 offenceb -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
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
• 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
• 8. Jamie holds up a service station and threatens the attendant with a gun. Taylor drives the car in which they make their escape.
• In legal terms, Taylor is considered to be
• (A) an accessory after the fact.
• (B) an accessory before the fact.
• (C) the principal in the first degree.
• (D) the principal in the second degree.
Correct Answer
• (A) an accessory after the fact.
• 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.
• 9. What motivated Kelsey and Bailey to plan the crime?
• (A) Self-interest (B) Political motives (C)Substance addiction (D) Differential association
• 10. 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
Correct Answer
• 9. A) Self Interest
• 10. C) Preliminary Offence