nature of crime

PROJECT

DATE CLIENTTERM 2, 2011 MR SHIPP

CRIMESECTION 1-NATURE OF CRIME

1Monday, 18 June 2012

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


The Meaning of Crime

Crime - 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.

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.....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.

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 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,


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

Important when trying to prove actus reus

R v Munter [2009] NSW

Todd Munter, was charged with manslaughter after he punched 66-year-old KenProctor 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)


MOBILE SPEED CAMERAS... 10 NEWS 2010


Categories of Crime


CRIME STATISTICS NSWTEN NEWS 2011


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.

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


MURDER SARAH, MARCUS, ASHLEA AND BRONTE


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 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

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


ASSAULT AND AGGRAVATED ASSAULTLIAM, LOUIE, MADDIE AND OSCAR


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 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)

TREASON


TREASONTOM, CHRIS AND JACK


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 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


ROBBERYELLA AND BRIGITTE


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


FRAUD AND EMBEZZLEMENTGENEVA, LAUREN AND JESS


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 OffencesThe 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


BOB CARR ON DRUGS


Driving 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 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

Affrayusing or threatening to use violence towards another that would cause a reasonable

person present at the scene to fear for their

safety

Riotsimilar to affray, but with 12 or more people using

or threatening to use unlawful violence for a

common purpose

obscene, indecent or threatening language or

behaviour in public

Indecent exposure


BRENDON FEVOLA - INDECENT EXPOSURECHANNEL 10 2010


BIKIE GANG BRAWL - SYDNEY AIRPORTSBS NEWS 2009


Preliminary Offences

Where the crime has not been completed for some reason

Attemptan offence where a principal crime was attempted but failed or was

prevented for some reason despite the intention to complete it

Conspiracywhen 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


CONSPIRACYCHRIS, JACK AND TOM


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.

USUALLY STRICT LIABILITY OFFENCES


Summary and Indictable Offences


Parties 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

Hint: This section is a perfect multiple choice question


PARTIES TO A CRIMETWO HANDS


Factors Affecting Criminal 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 manufactures 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


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 toilets65Monday, 18 June 2012

SITUATIONAL CRIME PREVENTION66Monday, 18 June 2012

Crime Prevention: Social

Improving school attendance

Education programs to teach young people criminal law

Parenting workshops for disadvantaged groups

Early police intervention


CRIME PREVENTION BEFORE ELECTIONABC NEWS 2010


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


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.


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

A) RetributionB) Restorative JusticeC) Social Crime PreventionD) 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 fact11. 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 zoneD) 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


Correct Answer

14. A) Self Interest

15. C) Preliminary Offence

HOW DID YOU GO?


nature of crime

Education

meaning of crime crime

accused criminal act

crime beingshould

accused personthe

mr munter

dot point of crime

nsw law

criminal trial