Term 1 syllabus notes:
The nature of crime
The meaning of crime
An act or omission committed against the community at large that is punishable by the state, e.g. when a person commits a murder or even a minor offence such as speeding.
The elements of crime
Actus Reus: A Latin term, which means the guilty act. Actus Reus means that there must be an action or physical movement. Mens Rea: A Latin term meaning guilty mind, which means that the accused intended to commit the crime knowing their actions were wrong. The accused intended to commit the crime, knowing their actions were wrong (guilty mind). Three types of mens rea: Intention: A clear, malicious or wilful intent to commit the crime. Recklessness: The accused was aware that what they were doing could lead to a crime being committed but chose to do it anyway. Criminal negligence: The accused fails to foresee the risk where they should have and allows the avoidable danger to manifest.
Strict liability offences
Only actus Reus and causation must be proven, not mens rea.
Offences against the person = Homicide, sexual assault, assault Offences against the sovereign = Sedition, treason
Economic offences = Computer offences, white collar crimes
Drug offences = Possession, trafficking
Driving offences = Drink driving, speeding
Public order offences = Bomb hoaxes, affray
Preliminary offences = Conspiracy, attempts
Regulatory offences = Breach of water restrictions
The link between the behaviour of the accused and the result The behaviour of the accused caused the alleged crime to be committed.
Categories of crime including offences against 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
Homicide: The act of killing a human being
Murder: The deliberate killing of a person (that has been both planned and acted upon). Manslaughter: The killing of a person in a way that is supposed to be less than the way of murder (rephrase this: - the killing of a person but has been judged to be unintentional and therefore an accident). Voluntary manslaughter: The killing of a person where the accused did intend or was reckless Mitigating circumstances: Conditions that may be considered by a court when determining guilt or innocence of the defendant (such as coercion, insanity) Provocation: A defence where the accused claims that the actions of another person caused them to temporarily lose control (is it a partial or full defence)? Involuntary manslaughter: The killing of a person where the death occurred because the accused acted in a negligent way without intention to kill (how does this make it involuntary?) Assault: Causing physical harm to cause physical harm to another person Common assault: Threatening to cause physical harm to another person (how is the different to the other forms of assault?) Aggravated assault: The assault of a person with an object (how is the different to the other forms of assault?) Sexual assault: When someone is forced into sexual intercourse against their will (how is the different to rape?) Indecent assault: An assault in the presence of another person without their consent Aggravated sexual assault in company: Sexual assault performed with another person present together with aggravating
Summary and indictable offences
Summary Offences: Less severe offences heard in the Local Court. Less severe punishments (e.g. fines). A less serious offence that is tried by a magistrate in the Local court. The judgment and punishment are determined by a magistrate. The charge is usually laid by a police officer or government officer. The punishment is usually less severe; such as a fine. Indictable Offences:...
Please join StudyMode to read the full document