1. The nature of crime:

· The meaning of crime:

A crime is an act or omission of duty injurious to the public welfare, for which punishment is prescribed by law, imposed in a judicial proceeding usually brought in this name of the state (Macquarie Dictionary 2010)

· The elements of crime: actus reus, mens rea

Actus Reus: The prosecution must show that the accused performed the guilty act and that this was done voluntarily.

Mens Rea: The guilty mind. This is the intent to do the criminal act. Acts of intention, recklessness or negligence can all form the necessary mens rea. Intention means the accused choose to do the action and wanted the outcome of the act. Act of negligence is one where a person fails to act in a way a reasonable person in their position would. i.e. – a person fails to put their handbrake on when parking the car and the car rolls away and kills a person on a footpath. An act of recklessness is one where a person realises there is a risk of harm but acts anyway i.e. –if a person drove t high speed on the wrong side of the road.

Both elements must be proven beyond reasonable doubt. The only exception to this is where strict liability applies, where only actus reus must be shown e.g. in most traffic offences.

· Strict liability offences

· Causation

The prosecution must show that there is a link between the act and the crime. This means the prosecution needs to demonstrate beyond reasonable doubt that the criminal action of the accused caused the damage done.

· Categories of crime including offences again the person, offences against the sovereign, economic offences (property/white collar/computer), drug offences, driving offences, public order offences, preliminary crimes (attempts and conspiracy)

Offences against the person

- Involves some form of harm or injury to an individual

o Homicide: Unlawful killing of another person (deliberate & accidental acts). Causation must be established between the actions of the accused and the death of the victim.

o Murder: most serious homicide offence and is punishable by life imprisonment

o Manslaughter: reduced level of intent and is punishable by up to 25 years imprisonment

o Assault: includes the offence of causing both physical harm to another person and of threatening to cause physical harm to another person

o Sexual assault: a type of assault where someone is forced into sexual intercourse against their will and without their consent

Offences against the sovereign

o Treason: 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

o Sedition: promoting discontent, hatred of 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.

Economic offences

o Property offences:

§ Larceny (stealing/theft): when one or more persons intentionally takes another person’s property without consent and without intention of returning it

§ Robbery: occurs when the use of force is present in the act of stealing goods or when property is taken directly from a victim

§ Break and enter (burglary): generally occurs when a person or persons enters a room or building with the intention of committing an offence

o White collar crime: non-violent crimes associated with business people or professionals

o Computer offences: related to hacking and unauthorised access or modification of data

Drug offences

o Possession of a prohibited drug: the drug must be in the accused’s custody or control, and the accused must know about it; including shared ownership or simply minding it for another person

o Use of a prohibited drug: the intentional consumption of the drug by any means, although this will not apply if the use occurs in a medically – supervised injecting centre

o Cultivation: applies to the growth or cultivation of a prohibited plant, such as cannabis

o Supply of a prohibited drug: this is a broad offence including offering or agreeing to supply, whether or not the actual drug or money really changed hands; it can also include having drugs in your possession for the purpose of supply or single or multiple instances of supply

Driving offences

- Driving or traffic offences are some of the most commonly committed offences in NSW. These offences are easier to process as they only require the police to show that the act was committed by the offender, without needing to consider the individual’s intention or state of mind.

Public order offences

- Acts that are deemed to disturb the public order in some way, such as a disturbance in or in sight of a public area. They are often acts that society deems as inappropriate or offensive when conducted in public, although they may be perfectly legal or acceptable within the confines of one’s own home. Example:

o Obscure, indecent or threatening language/behaviour

o Possessing a knife in a public place without reasonable cause

o Obstructing traffic or ignoring a reasonable police direction

o Damaging public fountains or protected places

Preliminary Crimes

- Offences that precede the commission of a crime or where the crime has not been completed for some reason. An attempt to commit a crime will still be considered an offence and will usually be punishable by the same penalty as if the crime has taken place because the penalty for an attempt is so high, the prosecution will need to show that the offence was all but completed or failed for some reason despite the intention to complete it.

· Summary and indictable offences

Summary offence: less severe offences that are heard and sentenced by a magistrate in a local court

Indictable offence: more severe offences that are heard and sentenced by a judge in a District Court or tried before a judge and jury.

· Parties to a crime including principle in the first degree, principle in the second degree, accessory before the fact, accessory after the fact

- Principle in the first degree

o This is the principle offender, or the person who actually commits the criminal act. The principle offender will be directly responsible for the crime being carried out and so is likely to receive the highest sentence

- Principle in the second degree

o This is the person who was present at the crime and assisted or encouraged the principle offender to perform the offence. The presence need not be immediate physical presence by assisting the principle may be sufficient. The principle in the second degree may be given a lesser sentence depending on the circumstances

- Accessory before the fact

o An “accessory” will be someone who has helped the principle to plan or carry out the crime. An accessory before the fact is the person who has helped in planning or preparation before the actual act is carried out

- Accessory after the fact

o This is someone who assisted the principle after the actual act is committed

· Factors affecting criminal behaviours

There are six factors that influence a person to commit a crime. They are:

1. Psychological- mental illness affects a person’s behaviour

2. Social- family situation or personal relationships

3. Economic – disadvantaged background are more likely to commit crimes. Poor education and lack of skills

4. Genetic

5. Political – protest, terrorism, riots

6. Self-interest – drugs

· Crime prevention: situational and social

Situational crime prevention aims to make it more difficult for criminals to carry out a crime and therefore stop a crime before it is committed. Two strategies include:

- Planning and architectural design focuses upon the influence of physical environments upon crime (security -> installing bars or alarm system)

- Focused (situational) approaches rests on rational choice theory, which views offenders as actors who weigh up potential gains, risks and costs

Social crime prevention attempts to address the underlying social factors that may lead to criminal behaviour.

- Poor home environment and parenting

- Social and economic disadvantages

- Poor school attendance

- Early contact with the police and other authorities

How to overcome: funding in education and youth programs

2. The criminal investigation process

· Police powers

Police have the power to:

- Search and seize property

- Access information

- Interrogate

- Use phone taps and other surveillance methods

- Request medical examinations

- Detain people

- Get fingerprints/DNA/photographs

· Reporting crime

The reporting of crime is the first step in the criminal investigation process. It is not illegal or against the law if you do not report a crime, however, every citizen has a moral responsibility to report crimes. All citizens have the right to be protected by the law, but with this right comes responsibilities. It is important to e aware that different crimes have different rates of reporting .Example, the most reported crime is automobile theft and the least reported crime is domestic violence.

· Investigating crime: gathering evidence, use of technology, search and seizure, use of warrants

· Arrest and charge, summons, warrants

· Bail or remand

· Detention and interrogation, rights of suspects

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Legal Notiz am CRIME HSC NOTES, erstellt von monica.le_ am 24/01/2014.