Nature of Crime
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  • 2. Hint: It is important to learn every dot point of crime as there are 15 multiple choice questions in the HSCMonday, 18 June 2012 2
  • 3. 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 societyMonday, 18 June 2012 3
  • 4. 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 Rights of the Rights of the the Wider Victim Accused CommunityMonday, 18 June 2012 4
  • 5. Criminal Law: Balance of Rights Rights of Rights of the the Victim Accused Rights of the Wider CommunityMonday, 18 June 2012 5
  • 7. Criminal Law The 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 stateMonday, 18 June 2012 7
  • 8. 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) mens rea (guilty mind) That the accused person The accused person sufficiently actually committed the crime intended to commit the crime. must proved the accused the prosecution must prove, to carried out the relevant some degree, that the accused criminal act intended to commit crimeMonday, 18 June 2012 8
  • 10. mens rea (cont) The conscious and willing mind that was present in performing a crime. The three main levels of mens rea include: Criminal Intention Recklessness negligence the accused was where the accused aware that their fails to foresee the a clear, malicious or action could lead to risk where they wilful intention to a crime being should have and so commit the crime committed, but allows the avoidable chose to take that danger to manifest, risk anywayMonday, 18 June 2012 10
  • 11. 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 reus R 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.Monday, 18 June 2012 11
  • 12. 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)Monday, 18 June 2012 12
  • 13. MOBILE SPEED CAMERAS... 10 NEWS 2010Monday, 18 June 2012 13
  • 14. Categories of CrimeMonday, 18 June 2012 14
  • 15. CRIME STATISTICS NSW TEN NEWS 2011Monday, 18 June 2012 15
  • 16. Offences Against the Person 1.HOMICIDE The act of killing a human being. Four main categories of homicide in NSW law: murder, manslaughter, infanticide and death by reckless driving.Monday, 18 June 2012 16
  • 17. MURDER 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 murdersMonday, 18 June 2012 17
  • 18. MURDER SARAH, MARCUS, ASHLEA AND BRONTEMonday, 18 June 2012 18
  • 19. MANSLAUGHTER 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 voluntary Involuntary constructive manslaughter manslaughter manslaughter the killing of a person the killing of a person the killing of a where the accused where the death person while the did intend or was occurred because the accused was reckless about killing accused acted in a carrying out someone but there negligent way, but another dangerous are mitigating without intention to kill or unlawful act circumstances the personMonday, 18 June 2012 19
  • 20. INFANTICIDE 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 infantsMonday, 18 June 2012 20
  • 21. DANGEROUS DRIVING CAUSING DEATH 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 LawMonday, 18 June 2012 21
  • 22. BOAT ACCIDENT SYDNEY HARBOUR 2008Monday, 18 June 2012 22
  • 23. 2. ASSAULT 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 syringeMonday, 18 June 2012 23
  • 25. 3. SEXUAL 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 circumstancesMonday, 18 June 2012 25
  • 26. BRETT STEWART SEXUAL ASSAULTMonday, 18 June 2012 26
  • 27. Offences Against the State 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 Punishable by up to 25 years’ imprisonment (NSW) or life imprisonment (Commonwealth)Monday, 18 June 2012 27
  • 28. TREASON TOM, CHRIS AND JACKMonday, 18 June 2012 28
  • 29. SEDITION 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 yearsMonday, 18 June 2012 29
  • 30. Economic Offences Economic offences fall into three main categories: Crimes against property White-collar crime Computer offences.Monday, 18 June 2012 30
  • 31. 1. CRIMES AGAINST PROPERTY 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 imprisonmentMonday, 18 June 2012 31
  • 32. ROBBERY 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.Monday, 18 June 2012 32
  • 33. ROBBERY ELLA AND BRIGITTEMonday, 18 June 2012 33
  • 34. BREAK AND ENTER 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 larcenyMonday, 18 June 2012 34
  • 35. 2. WHITE-COLLAR CRIME a general term for various non-violent crimes associated with professionals or businesspeople, such as: embezzlement tax evasion insider tradingMonday, 18 June 2012 35
  • 37. EMBEZZLEMENT When a person steals money from a business over a period of time while they are employed at that workplaceMonday, 18 June 2012 37
  • 39. TAX EVASION an attempt to avoid paying the full amount of taxes due by concealing or underestimating a person or business’s income or assetsMonday, 18 June 2012 39
  • 40. PAUL HOGAN ACCUSATIONS OF TAX EVASION TEN NEWS 2010Monday, 18 June 2012 40
  • 41. INSIDER TRADING When a person illegally trades on the share market to their own advantage using confidential informationMonday, 18 June 2012 41
  • 42. 3. COMPUTER CRIMES 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’ imprisonmentMonday, 18 June 2012 42
  • 43. 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 penaltyMonday, 18 June 2012 43
  • 44. MAJOR DRUG BUST SYDNEY CHANNEL 10 NEWS 2010Monday, 18 June 2012 44
  • 45. BOB CARR ON DRUGSMonday, 18 June 2012 45
  • 46. 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 offenceMonday, 18 June 2012 46
  • 47. 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 Affray obscene, indecent or using or threatening to threatening language or Riot use violence towards behaviour in public similar to affray, but with another that would 12 or more people using cause a reasonable or threatening to use person present at the unlawful violence for a scene to fear for their common purpose safety Indecent exposureMonday, 18 June 2012 47
  • 48. BRENDON FEVOLA - INDECENT EXPOSURE CHANNEL 10 2010Monday, 18 June 2012 48
  • 49. BIKIE GANG BRAWL - SYDNEY AIRPORT SBS NEWS 2009Monday, 18 June 2012 49
  • 50. Preliminary Offences Where the crime has not been completed for some reason Attempt an offence where a principal crime was attempted but failed or was prevented for some reason despite the intention to complete it 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 itselfMonday, 18 June 2012 50
  • 51. CONSPIRACY CHRIS, JACK AND TOMMonday, 18 June 2012 51
  • 52. 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 OFFENCESMonday, 18 June 2012 52
  • 53. Summary and Indictable OffencesMonday, 18 June 2012 53
  • 54. Monday, 18 June 2012 54
  • 55. 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 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 questionMonday, 18 June 2012 55
  • 56. PARTIES TO A CRIME TWO HANDSMonday, 18 June 2012 56
  • 57. Factors Affecting Criminal Behaviour The scientific study of crime and criminal behaviour is known as criminologyMonday, 18 June 2012 57
  • 58. PSYCHOLOGICAL FACTORS Many forms of mental illness affects a person’s behaviour (mens rea) This factor will be important during the trial and sentencing processMonday, 18 June 2012 58
  • 59. SOCIAL FACTORS Family/Social influences may lead an individual to commit crime example: growing up with a parent who manufactures drugsMonday, 18 June 2012 59
  • 60. ECONOMIC FACTORS People from disadvantaged backgrounds are more likely to commit crimes and front our courts than any other groupMonday, 18 June 2012 60
  • 61. GENETIC FACTORS Research has compared the DNA of prisoners to see if there is any one common genetic marker that can predict criminal behaviour.Monday, 18 June 2012 61
  • 62. POLITICAL FACTORS Crimes against the state or public order offences may be politically motivated to commit a crimeMonday, 18 June 2012 62
  • 63. SELF INTEREST White-collar crimes are a good example of criminal activity being driven by greed and self-interestMonday, 18 June 2012 63
  • 64. Hint: This section is directly linked to the theme issues of compliance and non-compliance in regard to criminal lawMonday, 18 June 2012 64
  • 65. 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 toiletsMonday, 18 June 2012 65
  • 66. SITUATIONAL CRIME PREVENTIONMonday, 18 June 2012 66
  • 67. Crime Prevention: Social Improving school attendance Education programs to teach young people criminal law Parenting workshops for disadvantaged groups Early police interventionMonday, 18 June 2012 67
  • 68. Monday, 18 June 2012 68
  • 69. Monday, 18 June 2012 69
  • 70. CRIME PREVENTION BEFORE ELECTION ABC NEWS 2010Monday, 18 June 2012 70
  • 71. 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 sovereignMonday, 18 June 2012 71
  • 72. 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 regulationsMonday, 18 June 2012 72
  • 73. 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 soMonday, 18 June 2012 73
  • 74. Correct Answer a) a person causing the death of another human being because they acted in a negligent wayMonday, 18 June 2012 74
  • 75. 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 consentMonday, 18 June 2012 75
  • 76. Correct Answer d) the intentional taking of another person’s property without their consentMonday, 18 June 2012 76
  • 77. 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 sovereignMonday, 18 June 2012 77
  • 78. Correct Answer d) a crime against the sovereignMonday, 18 June 2012 78
  • 79. 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 degreeMonday, 18 June 2012 79
  • 80. Correct Answer b) an accessory after the factMonday, 18 June 2012 80
  • 81. 6. Which of the following is an example of a strict liability offence? (A) Arson (B) Assault (C) Speeding (D) TheftMonday, 18 June 2012 81
  • 82. Correct Answer C) SpeedingMonday, 18 June 2012 82
  • 83. 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 liabilityMonday, 18 June 2012 83
  • 84. Correct Answer A) Mens ReaMonday, 18 June 2012 84
  • 85. 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.Monday, 18 June 2012 85
  • 86. Correct Answer (A) an accessory after the fact.Monday, 18 June 2012 86
  • 87. 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 PreventionMonday, 18 June 2012 87
  • 88. Correct Answer D) Situational Crime PreventionMonday, 18 June 2012 88
  • 89. 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) RobberyMonday, 18 June 2012 89
  • 90. Correct Answer 10. A) Accessory after the fact 11. B) Property 12. B) Both conspiracy to rob and robberyMonday, 18 June 2012 90
  • 91. 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 limitMonday, 18 June 2012 91
  • 92. Correct Answer A) the driver was speedingMonday, 18 June 2012 92
  • 93. 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 sovereignMonday, 18 June 2012 93
  • 94. Correct Answer 14. A) Self Interest 15. C) Preliminary Offence HOW DID YOU GO?Monday, 18 June 2012 94