The nature of crime Essays - Criminal Law, Law, Crime,

The nature of crime |Type of offence |Examples | |Offences against the person|Homicide, sexual assault, assault | |Offences against the |Sedition, treason | |sovereign | | |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 | 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. Elements of crime (make sure that you understand that these elements are considered together in combination, but you don't need to prove all of them to get someone criminally convicted - causation is however essential) 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. Causation: The link between the behaviour of the accused and the result Strict liability offences: An offence where the Mens Rea does not need to be proved Categories of crime 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 defense where the accused claims that the actions of another person caused them to temporarily lose control (is it a partial or full defense)? |Offence |Year | | | | |2006 |2007 |2008 | |Sexual assault |4028 |4182 |4190 | |Act of indecency|3507 |3411 |3404 | |Other sexual |1893 |1792 |1819 | |offences | | | | 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 circumstances What do the various categories/definitions of assault show us about this type of crime? Number of reported cases of sexual assault in NSW Summary and indictable offences |Summary offence |Indictable offence | |A less serious offence that is |Serious offence | |tried by a magistrate in the Local| | |court | | |The judgment and punishment are |Judgment is determined by a jury | |determined by a magistrate | | |The charge is usually laid by a |The charge is brought by a public | |police officer or government |prosecutor working for the state | |officer | | |The punishment is usually less |The punishment will usually result| |severe; such as a fine |in imprisonment | Parties to a crime Principal in the first degree; - who is this? What does this mean? Principal in the second degree; - who is this? What does this mean? Why would a court be interested and therefore consider the different parties to or in a crime? Consider the elements of a crime? Factors affecting criminal behaviour Psychological factors: Are often relevant to the commission of an offence, with many forms of mental illness affecting a person's behaviour. These factors will often be important during the criminal process, as early as the time of arrest. Why is court interested in these? Won't a person still be punished? Think about full and partial defenses? Social factors: Influence a person's attitude towards crime may include their family situation or personal relationships. The social groups that people associate with will often influence a persons attitude and views towards something. Why is court interested in these? Won't a person still be punished? Think about full and partial defenses? Economic factors: Present one of the most substantial reasons for the committing of crimes in NSW. People from disadvantaged backgrounds are more likely to commit crimes and front Australian courts than any other group.