Nature of crime

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Nature of crime

  1. 1. Crime <ul><li>Section 1-Nature of Crime </li></ul>PROJECT DATE CLIENT TERM 2, 2011 MR SHIPP
  2. 2. The Meaning of Crime <ul><li>Crime - an act or omission committed against the community at large that is punishable by the state (Public Law) </li></ul><ul><li>Many countries and cultures have different opinions what constitutes criminal behaviour e.g sex outside marriage, consumption of Alcohol </li></ul><ul><li>When a person commits a crime, it is deemed to be committed against all of society </li></ul>
  3. 3. <ul><li>Criminal law is a particularly controversial area of law because any changes will usually have wide-ranging effects </li></ul><ul><li>There is often tension between various community groups, social commentators and lawmakers when attempts are made by legislators to change criminal law. </li></ul>
  4. 4. Criminal Law: Balance of Rights
  5. 5. Criminal Behaviour..... <ul><li>Discussion point, personal opinion. what do you think? </li></ul>
  6. 6. Criminal Law <ul><li>The main areas of criminal law are investigation, enforcement, prosecution, defence, criminal trial, sentencing and punishment </li></ul><ul><li>Criminal actions can include crimes against a person, the state and/or against property </li></ul><ul><li>The Director of Public Prosecutions is known as the state or the Crown. The Crown must prove its case beyond reasonable doubt. </li></ul>
  7. 7. Elements of Crime <ul><li>prosecutors need to prove that the elements of the particular offence are present. Two fundamental elements are applicable in most cases: </li></ul>
  8. 8. What are the elements of crime in this case?
  9. 9. mens rea (cont) <ul><li>the conscious and willing mind that was present in performing a crime. </li></ul><ul><ul><li>The three main levels of mens rea include: </li></ul></ul>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,
  10. 10. Causation <ul><li>that there is sufficient causal link between the actions of the accused and the result of the crime </li></ul><ul><li>Important when trying to prove actus reus </li></ul>
  11. 11. Strict Liability Offences <ul><li>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 </li></ul><ul><ul><li>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) </li></ul></ul>
  12. 12. mobile speed cameras... <ul><li>10 news 2010 </li></ul>
  13. 13. Crime statistics nsw <ul><li>ten news 2011 </li></ul>
  14. 14. Categories of Crime
  15. 15. Offences Against the Person <ul><li>the act of killing a human being.four main categories of homicide in NSW law: murder, manslaughter, infanticide and death by reckless driving. </li></ul>1.HOMICIDE
  16. 16. <ul><li>the deliberate killing of a person. The accused intended to to deliberately kill the victim </li></ul><ul><li>Most serious homicide offence, punishable by life imprisonment </li></ul><ul><li>e.g Ivan MILAT - R v Milat NSW - backpacker murders </li></ul>MURDER
  17. 17. <ul><li>the killing of a person in a manner that is considered to be less intentional than murder </li></ul><ul><li>punishable by up to 25 years’ imprisonment </li></ul><ul><li>Example: R v DAWES 2006 - manslaughter of autistic son, R v Lavender – involuntary manslaughter </li></ul><ul><li>3 main types of manslaughter </li></ul>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
  18. 18. <ul><li>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 </li></ul><ul><li>If post-natal depression can be proven, it can be used as a mitigating circumstance </li></ul><ul><li>example: R v Folbigg 2005 NSW- murder of infants </li></ul>INFANTICIDE
  19. 19. <ul><li>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 </li></ul><ul><li>punishable by maximum penalty of 10 years in prison </li></ul><ul><li>example: P-Plate Driver, Byron Bay 2006, Boating accident on Sydney Harbour 2008. Byron’s Law </li></ul>DANGEROUS DRIVING CAUSING DEATH
  20. 20. Boat accident sydney harbour <ul><li>2008 </li></ul>
  21. 21. <ul><li>causing physical harm or threatening to cause physical harm to another person </li></ul><ul><li>aggravated assault - the assault of a person with an object rather than the assailant’s own body. E.G Knife, infected syringe </li></ul>2. ASSAULT
  22. 22. <ul><li>when someone is forced into sexual intercourse against their will and without their consent </li></ul><ul><li>Lack of consent is central to the crime of sexual assault </li></ul><ul><li>indecent assault - an assault and ‘act of indecency’ on or in the presence of another person without their consent </li></ul><ul><li>aggravated sexual assault in company - sexual assault performed with another person or people present together with aggravating circumstances </li></ul>3. SEXUAL ASSAULT
  23. 23. brett stewart sexual assault
  24. 24. Offences Against the State <ul><li>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 </li></ul><ul><li>punishable by up to 25 years’ imprisonment (NSW) or life imprisonment (Commonwealth) </li></ul>TREASON
  25. 25. <ul><li>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 </li></ul><ul><li>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 </li></ul>SEDITION
  26. 26. Economic Offences <ul><li>Economic offences fall into three main categories </li></ul><ul><ul><ul><li>crimes against property </li></ul></ul></ul><ul><ul><ul><li>white-collar crime </li></ul></ul></ul><ul><ul><ul><li>computer offences. </li></ul></ul></ul>
  27. 27. <ul><li>when one or more persons intentionally takes another person’s property without consent and without intention of returning it e.g shoplifting </li></ul><ul><li>Punishment up to five years imprisonment </li></ul>1. CRIMES AGAINST PROPERTY LARCENY
  28. 28. <ul><li>when property is taken directly from a victim, usually forcefully </li></ul><ul><li>threatened use of a weapon then the crime is called ‘armed robbery’ and will carry an even higher sentence. </li></ul>ROBBERY
  29. 29. <ul><li>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 </li></ul><ul><li>Can be associated with larceny </li></ul>BREAK AND ENTER
  30. 30. <ul><li>a general term for various non-violent crimes associated with professionals or businesspeople, such as: </li></ul><ul><ul><li>embezzlement </li></ul></ul><ul><ul><li>tax evasion </li></ul></ul><ul><ul><li>insider trading </li></ul></ul>2. WHITE-COLLAR CRIME
  31. 31. <ul><li>when a person steals money from a business over a period of time while they are employed at that workplace </li></ul>EMBEZZLEMENT
  32. 32. Australian businessman detained in china <ul><li>Mathew Ng, channel ten news </li></ul>
  33. 33. <ul><li>an attempt to avoid paying the full amount of taxes due by concealing or underestimating a person or business’s income or assets </li></ul>TAX EVASION
  34. 34. Paul hogan accusations of tax evasion <ul><li>ten news 2010 </li></ul>
  35. 35. <ul><li>when a person illegally trades on the share market to their own advantage using confidential information </li></ul>INSIDER TRADING
  36. 36. <ul><li>Computer offences include various crimes related to hacking and unauthorised access or modifi- cation of data e.g Internet Fraud </li></ul><ul><li>penalty of up to 10 years’ imprisonment </li></ul>3. COMPUTER CRIMES
  37. 37. Drug Offences <ul><li>The most common drug offences focus on cultivation, production, supply and trade (trafficking), possession or use of the drug. </li></ul><ul><li>Drug offences will often carry severe penalties. </li></ul><ul><ul><li>Users - face penalties or required to attend a drug rehab program </li></ul></ul><ul><ul><li>Suppliers/Cultivators - Severe penalties, possible incarceration </li></ul></ul><ul><ul><li>Traffickers - lengthy jail sentences, some countries may involve the death penalty </li></ul></ul>
  38. 38. Major drug bust sydney <ul><li>channel 10 news 2010 </li></ul>
  39. 39. Driving Offences <ul><li>The most common traffic offences include: </li></ul><ul><ul><li>exceeding the speed limit </li></ul></ul><ul><ul><li>driving without a licence or while disqualified </li></ul></ul><ul><ul><li>ignoring road signs </li></ul></ul><ul><ul><li>driving above the legal blood alcohol limit of 0.05. </li></ul></ul><ul><li>Punishment will be determined due to the type of driving offence </li></ul>
  40. 40. Public Order Offences <ul><li>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 </li></ul>affray using or threatening to use violence towards another that would cause a reasonable person present at the scene to fear for their safety riot similar 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
  41. 41. brendon fevola - indecent exposure <ul><li>channel 10 2010 </li></ul>
  42. 42. bikie gang brawl - sydney airport <ul><li>sbs news 2009 </li></ul>
  43. 43. Preliminary Offences <ul><li>where the crime has not been completed for some reason </li></ul>IN MOST CASES, PUNISHMENT FOR PRELIMINARY CRIMES WILL BE THE SAME AS CARRYING OUT THE CRIME ITSELF 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
  44. 44. man arrested for alleged conspiracy <ul><li>nsw police 2011 </li></ul>
  45. 45. Regulatory Offences <ul><li>watering the garden despite water restrictions being in place </li></ul><ul><li>breach of occupational health and safety regulations </li></ul><ul><li>travelling on public transport without a valid ticket </li></ul><ul><li>lighting a fire or barbeque on a day of total fire ban. </li></ul>USUALLY STRICT LIABILITY OFFENCES
  46. 46. Summary and Indictable Offences
  47. 47. Parties to a Crime <ul><li>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 </li></ul><ul><li>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 </li></ul><ul><li>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 </li></ul><ul><li>Accessory after the fact – this is someone who has assisted the principal after the actual act is committed e.g driver in getaway car </li></ul>
  48. 48. Parties to a crime <ul><li>two hands </li></ul>
  49. 49. Factors Affecting Criminal Behaviour <ul><li>The scientific study of crime and criminal behaviour is known as criminology </li></ul>
  50. 50. <ul><li>many forms of mental illness affects a person’s behaviour (mens rea) </li></ul><ul><li>This factor will be important during the trial and sentencing process </li></ul>PSYCHOLOGICAL FACTORS
  51. 51. <ul><li>Family/Social influences may lead an individual to commit crime </li></ul><ul><ul><li>example: growing up with a parent who manufacturer drugs </li></ul></ul>SOCIAL FACTORS
  52. 52. <ul><li>People from disadvantaged backgrounds are more likely to commit crimes and front our courts than any other group </li></ul>ECONOMIC FACTORS
  53. 53. <ul><li>Research has compared the DNA of prisoners to see if there is any one common genetic marker that can predict criminal behaviour. </li></ul>GENETIC FACTORS
  54. 54. <ul><li>Crimes against the state or public order offences may be politically motivated to commit a crime </li></ul>POLITICAL FACTORS
  55. 55. <ul><li>White-collar crimes are a good example of criminal activity being driven by greed and self-interest </li></ul>SELF INTEREST
  56. 56. Crime Prevention: Situational <ul><li>Police Officers patrolling </li></ul><ul><li>Installing bars or alarm systems at home </li></ul><ul><li>Installing lighting to key crime areas (Parks) </li></ul><ul><li>Playing classical music in shopping centres </li></ul><ul><li>Installing closed circuit TV (CCTV) cameras </li></ul><ul><li>Alarm tags installed on clothes/alarm gates in shops </li></ul><ul><li>Developing alcohol-free zones </li></ul><ul><li>installing blue fluorescent lights in public toilets </li></ul>
  57. 57. crime prevention before election <ul><li>abc news 2010 </li></ul>
  58. 58. Crime Prevention: Social <ul><li>Improving school attendance </li></ul><ul><li>Education programs to teach young people criminal law </li></ul><ul><li>Parenting workshops from disadvantaged groups </li></ul><ul><li>Early police intervention </li></ul>
  59. 59. Multiple Choice: Crime <ul><li>1 Selling alcohol to a minor is best described as which of the following? </li></ul><ul><li>a - a public order offence </li></ul><ul><li>b - a strict liability offence </li></ul><ul><li>c - an offence against the person </li></ul><ul><li>d - an offence against the sovereign </li></ul>
  60. 60. Correct Answer <ul><li>b -a strict liability offence </li></ul><ul><ul><li>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 </li></ul></ul>
  61. 61. <ul><li>2 Involuntary manslaughter is best described as which of the following? </li></ul><ul><li>a) a person causing the death of another human being because they acted in a negligent way </li></ul><ul><li>b) a person taking their own life </li></ul><ul><li>c) a murder reduced to manslaughter due to mitigating circumstances </li></ul><ul><li>d) a person causing the death of another and they intended to do so </li></ul>
  62. 62. Correct Answer <ul><li>a) a person causing the death of another human being because they acted in a negligent way </li></ul>
  63. 63. <ul><li>3. What is larceny? </li></ul><ul><ul><li>a) a white-collar crime that is on the increase </li></ul></ul><ul><ul><li>b) using force when stealing goods </li></ul></ul><ul><ul><li>c) the act of breaking into a private residence to steal something </li></ul></ul><ul><ul><li>d) the intentional taking of another person’s property without their consent </li></ul></ul>
  64. 64. Correct Answer <ul><li>d) the intentional taking of another person’s property without their consent </li></ul>
  65. 65. <ul><li>4. Writing a book calling for the violent overthrow of the government might be prosecuted as what type of offence? </li></ul><ul><li>a) a crime against humanity </li></ul><ul><li>b) a crime against a person </li></ul><ul><li>c) a crime against property </li></ul><ul><li>d) a crime against the sovereign </li></ul>
  66. 66. Correct Answer <ul><li>d) a crime against the sovereign </li></ul>
  67. 67. <ul><li>5. A person who helps a criminal hide out at their house might be charged as: </li></ul><ul><li>a) an accessory before the fact </li></ul><ul><li>b) an accessory after the fact </li></ul><ul><li>c) principal in the first degree </li></ul><ul><li>d) principal in the second degree </li></ul>
  68. 68. Correct Answer <ul><li>b) an accessory after the fact </li></ul>
  69. 69. <ul><li>6. Which of the following is an example of a strict liability offence? </li></ul><ul><li>(A) Arson (B) Assault (C) Speeding (D) Theft </li></ul>
  70. 70. Correct Answer <ul><li>C) Speeding </li></ul>
  71. 71. <ul><li>7. An 8-year-old cannot be charged with a criminal offence because there is an absence of: </li></ul><ul><li>(A)mens rea. (B)causation. (C)actus reus. (D)strict liability </li></ul>
  72. 72. Correct Answer <ul><li>A) Mens Rea </li></ul>
  73. 73. <ul><li>8. Jamie holds up a service station and threatens the attendant with a gun. Taylor drives the car in which they make their escape. </li></ul><ul><ul><li>In legal terms, Taylor is considered to be </li></ul></ul><ul><li>(A) an accessory after the fact. </li></ul><ul><li>(B) an accessory before the fact. </li></ul><ul><li>(C) the principal in the first degree. </li></ul><ul><li>(D) the principal in the second degree. </li></ul>
  74. 74. Correct Answer <ul><li>(A) an accessory after the fact. </li></ul>
  75. 75. <ul><li>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. </li></ul><ul><li>9. What motivated Kelsey and Bailey to plan the crime? </li></ul><ul><li>(A) Self-interest (B) Political motives (C) Substance addiction (D) Differential association </li></ul><ul><li>10. With what type of crime might Kelsey and Bailey be charged? </li></ul><ul><li>(A) Drug offence (B) Economic offence (C) Preliminary offence (D) Offence against the sovereign </li></ul>
  76. 76. Correct Answer <ul><li>9. A) Self Interest </li></ul><ul><li>10. C) Preliminary Offence </li></ul>

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