Violent crime includes acts like homicide, assault, sexual assault, and robbery that involve unlawful violence against a victim. While violence is commonly depicted in media, actual violent crimes reported to police account for less than 10% of all crimes. Some violent crimes, like sexual assault, go unreported. The law considers context and reasons for violent acts to determine if they constitute a criminal offense or self-defense. The Criminal Law Consolidation Act of 1935 defines violent crimes and punishments under Australian law.

1. Daniella Galea
Kate Lovell
Luisa Marconi
Andrew Mole

2. VIOLENT CRIME
Violent crime is any crime that includes the use of un-consensual violent act/s against a person/victim.
This includes the offences of homicide, assault, sexual assault and robbery. Violent crimes are not just
limited to an act of violence, threatening to use violence is also an offence.
Violence is in our television shows, news, movies and video games almost on a daily basis, young
children are exposed to it and its effects everyday. Seeing violent activities everyday makes us believe
that violent crimes are happening constantly. However of every 100 crimes recorded by the police in
Australia, less than 10% were violent, whilst public opinion believed that 80% were violent crimes.
(Hayes & Prenzler, 2012)
However some violent crimes are not reported especially sexual assaults and rapes. This unknown
number is called the dark figure of crime, which we may never fully know. (Hayes & Prenzler, 2012)
Violence however is not necessarily a crime, depending on context. Context and reason are also
considered in a court to determine if an act of violence is a crime.
A wife who has been beaten by her husband fights back whilst this is a violent act it is considered self-
defense and not a criminal action.

3. INFAMOUS CRIMINALS
Ivan Milat- the backpacker murders
The backpacker murderer, Ivan Milat, possibly the most
famous serial killer in Australia killed at least several
people in the New South Wales outback. All of Milat’s
victims were backpackers or tourists aged between 19-
22. He was arrested on May 22 in 1994 after a pair of
trial runners discovered the corpses of Caroline Clark
and Joanne Walters, eventually more victims followed.
All of his victims had bee stabbed and dumped in
Belanglo State Forest. He is currently serving seven
consecutive life sentences plus 18 years.
(Murderpedia.com, N.D.)
Martin Bryant- port author massacre
Born in Tasmania, Martin Bryant had a low I.Q. and
worked as a handyman. However on April 28, 1996 he
walked into a café at Port Arthur and shot and killed 35
people, the next day he was under arrest. He received 35
life sentences and is residing at Tasmania’s Risdon Prison.
Unfortunately it is not fully known why he embarked on
this massacre, many books have been written trying to
comprehend this tragedy. There are also a number of
conspiracy theories surrounding that fateful day in April.
(Bryant Martin, 2013)

4. HISTORICAL CRIMES
Ned Kelly
Australia’s most famous thief, Ned Kelly born in 1855 in Victoria became the leader of the
Kelly gang. He was in and out of police custody for theft related crimes until Ned shot 3 police
dead. The wanted men went on to take over sheep stations, hotels and banks taking their
gold and money. Ned was armed with his infamous headpiece, breast piece, back piece and
apron which weighed 41kg altogether.
In 1880 Ned and his gang were involved in a shootout with the police. Most of the gang was
shot and killed. Ned was captured and in October of the same year he was sentenced to
death.
Kelly was hanged on 11th November 1880. His last words were speculated to be ‘Such is life’.
(Barry, J.,1975)
Myall Creek Massacre
In the early days of British settlement in Australia there were countless massacres of the aboriginal
people, the massacre at Myall Creek on Sunday 10th June 1838 was special however. Eleven stockmen
came across a group of 28 aborigines camping by the creek.
The stockmen brutally slaughtered everyone camping there, including women and children. The
stockman were arrested, the first time in Australia’s history were Caucasian men were arrested,
charged and hanged for the murder of aboriginals. People were horrified by the massacre with bodied
being dismembered and burnt. On the 18th December 1838 several men were hung for the part in the
massacre.
(Myall Creek Massacre, N.D.)

5. To find law regarding violent acts for the Commonwealth of Australia it is best to consult the Criminal Law
Consolidation Act of 1935. Each state has their own separate codes and laws that may differ in definition or
punishment. Part 3 – offences against the person etc. of the Criminal Law Consolidation Act of 1935 revolves
around violent acts.
To view more in-depth copy of each Division a full copy can be viewed at
http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/
MURDER Part 3 Division 1 (Commonwealth of Australia, 1935)
Sect 11- Murder:
Any person who commits murder shall be guilty of an offence and shall be imprisoned for life
Murder is an extreme offence that those convicted receive life imprisonment. Section 12A goes on to explain that
any intentional act of violence that causes the death of another is also guilty of murder.
MANSLAUGHTER Part 3 Division 1 (Commonwealth of Australia, 1935)
Section 13-
1) Any person who is convicted of manslaughter shall be liable to be imprisoned for life or to pay such fine as
the court awards or to both such imprisonment and fine.
Section 13 goes on to address death by motor vehicle, that the convicted person must be disqualified from holding
or obtaining a driver’s license for a minimum of 10 years. Section 13a delves into issues of suicide and assisted
suicide.
THE LEGAL SYSTEM

6. RAPE/SEXUAL ASSUALT Part 3 Division 11 (Commonwealth of Australia, 1935)
Section 48
1) A person (the "offender") is guilty of the offence of rape if he or she engages, or continues to engage, in sexual intercourse with another person who—
a) does not consent to engaging in the sexual intercourse; or
b) has withdrawn consent to the sexual intercourse,
and the offender knows, or is recklessly indifferent to, the fact that the other person does not so consent or has so withdrawn consent (as the case may be).
Maximum penalty for someone convicted of rape is life imprisonment, per accusation of rape. Division 11 also includes sexual manipulation, unlawful sexual
intercourse, indecent assault and many more sexual offences.
THE LEGAL SYSTEM cont.
SELF DEFENCE Part 3 Division 2 (Commonwealth of Australia, 1935)
Self-Defence can mean either defense of ones body and property. Division 2- Defence of life and property section
15 regards the laws in relation to this. Defence is defined by objective elements of an offence that may render the
defendant entitled to exclusion, limitation or reduction of criminal liability.
Section 15- Self Defence
It is a defence to a charge of an offence if—
the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a
defensive purpose; and
the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to
the threat that the defendant genuinely believed to exist 1 .
It is a partial defence to a charge of murder (reducing the offence to manslaughter) if—
the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a
defensive purpose; but
For the purposes of this section, a person acts for a "defensive purpose if the person acts-
in self defence or in defence of another
The laws regarding Self Defence are extremely detailed, so that it cannot be used by those who are indeed guilty of
criminal offence without grounds.

10. Hayes, Hennessey and Tim Prenzler 2012. An Introduction to Crime and Criminology, 3ed. Pearson Australia.
unknown (n.d.). Ivan Robert Marko MILAT. Retrieved 13 may 2013, from http://murderpedia.org/male.M/m/milat-ivan.htm
Bryant Martin. (2013). The Biography Channel website. Retrieved May 13, 2013,
from http://www.biography.com/people/martin-bryant-235987.
Commonwealth of Australia. (1935). Criminal Law Consolidation Act of 1935. Retrieved 13 may 2013, from
http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/
unknown (n.d.). THE MYALL CREEK MASSACRE. Retrieved 13 may 2013, from
http://www.myallcreekmassacre.com/Myall_Creek_Massacre/About_this_site.html
Barry, J. (1975). Kelly, Edward (Ned) (1855–1880). Retrieved 13 may 2013, from http://adb.anu.edu.au/biography/kelly-
edward-ned-3933
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Leifert, L. (n.d.). New Stats Show Crime Down in Broward, Palm Beach County. Retrieved 13 may 2013, from
http://www.florida-criminal-lawyer-blog.com/violent_crimes/
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