1. CRIME - HSC CORE
SECTION 1-NATURE OF CRIME
Mr Shipp, Term 4
2015
2. Hint: It is important to learn every dot point of crime as there are
15 multiple choice questions in the HSC
SYLLABUS POINTS
3. THE MEANING OF CRIME
• Crime - an act or omission committed against the
community at large that is punishable by the state
(Public Law)
• When a person commits a crime, it is deemed to
be committed against all of society
Hint: Quite simply, learn the definition of crime
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
the
Accused
Rights of
the Victim
Rights of
the Wider
Community
7. CRIMINAL LAW
• The main areas of criminal law are investigation,
enforcement, prosecution, defence, criminal trial,
sentencing and punishment
• 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 state
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)
That the accused person
actually committed the
crime must proved the
accused carried out the
relevant criminal act
mens rea (guilty mind)
The accused person sufficiently
intended to commit the crime.
the prosecution must prove, to
some degree, that the accused
intended to commit crime
10. MENS REA (CONT)
• The conscious and willing mind that was present in
performing a crime.
• The three main levels of mens rea include:
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,
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.
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)
Hint: Classic MC question because it links two definitions
together.
13. CATEGORIES OF CRIME
Remember there arecategories of crime
and there are examples
of crime
Hint: potential MC
question
15. 1.OFFENCES AGAINST THE PERSON
• The act of killing a human being. Four main
categories of homicide in NSW law: murder,
manslaughter, infanticide and death by reckless
driving.
A. Homicide
16. • The deliberate killing of a person. The accused
intended to deliberately kill the victim
• Most serious homicide offence, punishable by life
imprisonment
• e.g Ivan MILAT - R v Milat NSW - backpacker
murders
i. Murder
17. • 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
ii. 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. • 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 infants
iii. Infanticide
19. • 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 Law
iv. Dangerous driving causing death
21. • 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 syringe
B. Assault
22. • 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
circumstances
C. Sexual Assault
23.
24. 2.OFFENCES AGAINST THE STATE
• 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)
A. Treason
25. • 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. Punishment
up to seven years
B. Sedition
26. 3. ECONOMIC OFFENCES
A. Crimes Against Property
i. 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
imprisonment
27. • 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.
ii. Robbery
28. • 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
larceny
iii. Break and Enter
29. • Various non-violent crimes
associated with professionals or
businesspeople, such as:
• embezzlement
• tax evasion
• insider trading
B. White-Collar Crime
NEWS ARCTICLE
30. • When a person steals money from a business over a
period of time while they are employed at that
workplace
i. Embezzlement
31. • An attempt to avoid paying the full amount of
taxes due by concealing or underestimating a
person or business’s income or assets
ii. Tax evasion
32. • When a person illegally trades on the share market
to their own advantage using confidential
information
iii. Insider Trading
33. • 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’ imprisonment
C. Computer Crimes
34. 4. 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 penalty
Hint:The Drug Court opened in 1999 and has local/district
jurisdiction. Offenders will be reffered to the 3 courts in NSW
Just click me already….
36. 5. 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 offence, usually summary
37. 6. 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
A. Affray
using or threatening
to use violence
towards another
that would cause a
reasonable person
present at the scene
to fear for their
safety
D. Riot
similar to affray,
but with 12 or
more people using
or threatening to
use unlawful
violence for a
common purpose
B. obscene, indecent or
threatening language or
behaviour in public
C. Indecent exposure
39. 7. PRELIMINARY OFFENCES
• Where the crime has not been completed for
some reason
B. Attempt
an offence where a principal crime was attempted but failed or was
prevented for some reason despite the intention to complete it
A. 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 itself
40. 8. 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.
Hint: These are usually strict liability offences
41. DRAW THE CRIME CATEGORY CHART WITH
EXAMPLES
WHO CAN REMEMBER ALL THE
CATEGORIES OF CRIME
44. 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 robber 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 Person helping to hide the
offenders
Hint: This section is a perfect multiple choice question
47. • Many forms of mental
illness affects a
person’s behaviour
(mens rea)
• This factor will be
important during the
trial and sentencing
process
1. Psychological factors
48. • Family/Social influences may lead an individual to
commit crime
• example: growing up with a parent who
manufactures drugs
2. Social factors
49. • People from disadvantaged backgrounds are
more likely to commit crimes and front our courts
than any other group
3. Economic factors
50. • Research has compared the DNA of prisoners to
see if there is any one common genetic marker
that can predict criminal behaviour.
4. Genetic factors
51. • Crimes against the state or public order offences
may be politically motivated to commit a crime
5. Political factors
52. • White-collar crimes are a good example of
criminal activity being driven by greed and self-
interest
6. Self interest
53. Hint: This section is directly linked to the theme issues of
compliance and non-compliance in regard to criminal law
54. 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 toilets
55. CRIME PREVENTION: SOCIAL
• Improving school
attendance
• Education programs to
teach young people
criminal law
• Parenting workshops for
disadvantaged groups
• Early police intervention
58. 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
sovereign
59. 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
regulations
60. 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 so
61. CORRECT ANSWER
a) a person causing the death of another human
being because they acted in a negligent way
62. • 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 consent
63. CORRECT ANSWER
• d) the intentional taking of another person’s
property without their consent
64. • 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 sovereign
66. • 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 degree
70. • 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 liability
72. 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 Prevention
74. 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) Robbery
75. CORRECT ANSWER
10. A) Accessory after the fact
11. B) Property
12. B) Both conspiracy to rob
and robbery
76. 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 limit
78. • 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 sovereign
79. • 14. A) Self Interest
• 15. C) Preliminary Offence
