Crime HSC Notes PDF

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Crime Notes...

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Legal Studies - Crime 1. Nature of Crime • Describe the nature of Crime ; Meaning of Crime, Elements of Crime (Actus Reus & Mens Rea), Strict Liability Offences & Causation : Meaning of Crime : An act committed or omission of duty, resulting in harm to society, that is punishable by the state. - Some actions that were once considered criminal no longer fit this definition, Eg. Homosexuality. - Parliament makes laws —> police enforce the law —> judges interpret the law. - Beyond reasonable doubt : the standard of proof required in a criminal case for a person to be guilty. - The Crown is the state party who commences a criminal action in a court of law against the offender. - NSW - commenced by the Director of Public Prosecutions. Elements of Crime : These elements must be proven before the accused is criminally liable; - Actus Reus (The Guilty Act) : Is the physical act of carrying the crime. - The act or omission actually took place and was committed by the accused. - It was voluntary, Eg. If a person had a muscular spasm and hit someone during the spasms, they would not be acting voluntarily (action is not in their control). - Actus Reus (The Guilty Mind) : Is the mental state of the accused. - This is the intention or desire to commit the crime. - Recklessness : The person could foresee the probability of harm, but acted anyway, thus ignoring consequences. - Criminal Negligence : The accused fails to force the risk when they should have. They allow the avoidable danger to occur. CASE : R v Sam 2009. Strict Liability Offences : - This is when the prosecution only needs to prove that the accused carried out the act (Actus Reus) and is not required to show that the accused intended to commit the crime (Mens Rea). - Strict Liability Offences are usually summary offences. For example, if someone speeds (traffic offence), the prosecution only needs to prove that the accused broke the speed limit (Actus Reus) because Mens Rea (intention) is already assumed. The individual could foresee the probability of harm but chose to act anyway, thus ignoring the consequences and being reckless. - Lower level of proof is required to achieve criminal conviction, which lessens an accused’s rights in the criminal process. - Defence to this is if accused proves that the act was an ‘honest’ and ‘reasonable mistake’. Causation : - There must be a causal link between the offender and the victim; the act or omission of the accused must have caused the specific injury/death of the victim. - Mainly applies to murder and manslaughter cases and when trying to prove Actus Reus. - Circumstances in which the act of the accused is said to have caused the death: - Ordinary natural events, Eg. Leaving someone unconscious in a raging snowstorm and the person dies. - Taking the victim as you find the, Eg. If someone hits a person with a thin skull and they died, the person would be guilty of manslaughter. - CASE : R v Munter 2009 (NSW) - Todd Munter charged with manslaughter after punching 66 year old Ken Proctor over dispute; no intention to kill Proctor - courts deemed that death caused by unlawful assault of accused - convicted of manslaughter.

Legal Studies - Crime • Recognise the different categories of Crime : 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) : Categories of Crime : - Categories affect the way an offence is investigated, prosecuted, or punished. This includes : 1. Type of offence; i.e. drug offences, economic offences. 2. Jurisdiction; whether it is a NSW or Commonwealth offence. 3. Seriousness of offence; summary or indictable offence. 4. Parties to crime; which involved and whether principal offender had any assistance. Offences against the Person : - Act or omissions which harm other people. Includes : - Assault is the infliction or threat of physical force; causing physical harm or threatening to cause physical harm to another person, the law makes no distinction between the threat and the actual application of force. - Aggravated Assault is the casting of serious bodily harm to another person with a weapon. - Sexual Assault is forcing someone into sexual intercourse against their consent; consent given under duress (whilst drugged or mistakenly given) is sexual assault. - Homicide is the unlawful killing of someone else; may be deliberate or accidental. The judge must determine that there is a ‘causal relationship’ between the actions of the accused and the harm caused to the victim. - Murder is the deliberate killing of a person; there was a deliberate act designed to cause serious harm which death occurred or there was a reckless indifference to human life which resulted in death. - Manslaughter is the killing of a person but is considered to be less intentional than murder punishable by up to 25 years imprisonment. There are three main types —> - 1. Voluntary Manslaughter is when a person kills with intent, however there are mitigating circumstances (considered by the court when determine guilt or innocence; do not justify offence but reduce charge), e.g. Defence of provocation (defendant claims their own actions were as a result of another person’s action, causing them to lose control of their own). - 2. Involuntary Manslaughter is when death occurs because the accused acted in a reckless or negligent way, without the intention of killing, e.g. A person, who loses control of their car whilst sending an SMS, thus crashing and killing someone. - 3. Constructive is the killing of a person while the accused was carrying out another dangerous or unlawful act, such as assaulting someone but death results. - Infanticide is the death of a baby under 12 months at the hand of its other. Mental state of the mother must be considered who may have an illness, such as Post Natal Depression. Offences against the Sovereign : - Acts or omissions which aim to harm the governing bodies of a country. Includes : - Treason is the attempt to impose war against the state, attempt to cause harm or to kill the government, or assist the enemy. The Anti Terrorism Act 2004 is an example of how serious this crime is taken. - Sedition is prompting hatred against a government or leader of state through abusive language. CASE : R v Sharkey (1949) Economic Offences : - Crimes that result in a person(s) losing property or money. - They're harder to prove in regards to evidence due to business privacy laws. — Property : - Larceny (theft) is the intentional taking of another person’s property without their consent. This can result in up to 5 years imprisonment. E.g. Shoplifting. - Robbery is when property is taken forcefully, directly from a victim. ‘Armed Robbery’ is when the person uses a weapon to assist them. - Break and Enter occurs when a person breaks into a home with the intent to commit a crime, such as larceny.

Legal Studies - Crime — White Collar Crimes : - White Collar Crimes are non-violent crimes associated with businesspeople. Includes : - Embezzlement is when a person, usually employee, steals money from their employer, e.g. by stealing money from the cash register. - Tax Evasion is an attempt to avoid paying the full amount of taxes by concealing a person or business’ income. The Australian Taxation Office and the Income Tax Assessment Act 1997 (Cth) regulates this. - Insider Trading is when a person illegally trades on the share market to their own advantage using confidential information/where a person with special knowledge of a company uses that knowledge to buy or sell shares. CASE : R v Rivkin (2003) - Guilty of insider trading - Rene Rivkin - entrepreneur, investor and stockbroker- told confidential information by company executive. Before purchasing shares in Qantas 2001, prices shares would rise once info was publicised. Computer Crimes : - These are crimes that are committed using technology, such as computers. Includes crimes related to hacking and unauthorised access or modification of data. Includes : - Fraud is the deceitful or dishonest conduct carried out for personal gain —> - Identity Theft is using another person’s name and personal information to obtain credit, loans and etc. - Internet Phishing is looking for a users credentials, such as passwords, by deception. - Crimes Act 1900 (NSW) - modifi cation or impairment of restricted data, impairment of electronic communication or unauthorised access to data with intent of committing an offence. - Some may be committee by employee of target company or by outsider hired. Drug Offences : - These relate to acts involving prohibited or restricted drugs. - The Drug Misuse and Trafficking Act 1985 (NSW) outlines offences related to drugs. - Supply of Prohibited Drug - including offering or agreeing to supply whether or not actual drug or money changed hands; drugs in possession for purpose of supply. - Cultivation is the act of sowing, growing or harvesting a narcotic plant. You can be charged if you cultivate a ‘deal-able quantity’ or intent to sell some. - Possession - to be caught with enough illegal drugs for personal use only. - Usage - intentional consumption of the drug by any means. Driving Offences : - Most are summary offences (strict liability) and police issue on-the-spot fines because only ‘actus reus’ needs to be proven. - For example, driving without a licence, ignoring road signs, driving above the legal blood alcohol limit of 0.05. - NSW Roads and Maritime Services (RMA) regulates driving offences - demerit system. - Most commonly committed offences in NSW are driving offences. - Included under Road Transport (Safety and Traffic Management) Act 1900 (NSW) Public Order Offences : - These are acts occurring in a public place which are seen as offensive or disruptive to the public. - Listen in the Summary Offences Act 1988 (NSW) . - Acts deemed as inappropriate by society. - Includes: obscene indecent language in public, possessing a knife in a public area, obstructing traffic etc. - For example, indecent or threatening language or behaviour, ignoring a reasonable police direction, damaging protected placed, damaging public buildings and facilities. - Affray involves using, or threatening to use unlawful violence on another that would cause a person to fear for their safety. Riot is similar, but involves 12 or more people using/threatening to use unlawful violence for common purpose.

Legal Studies - Crime Preliminary Offences (Attempts and Conspiracy) : - These are attempts or plans to commit an act or omission. Having the intention is enough. - Attempt : Offence where principal crime was attempted but failed for some reason despite intentconsidered crime - can be charged, may carry lower penalty. If someone aimed to shoot another and missed - can be found guilty of murder. - Accused may have reason for conduct. - CASE : R v Whybrow (1951) - Husband connected electricity to soap dish in family bath to electrocute wife - did not work, only received shock. - Court found guilty of attempted murder due to intention. - Conspiracy : 2 or more people plot to commit a crime together - act of planning and preparation. If a crime constitutes conspiracy, it is difficult to prove without confession, signed documents, or phone tap. - If two sisters plan to kill a brother but do not commit the crime, the sisters who planned it could be found guilty of conspiracy. Regulatory Offences : - Going against regulation. - Minor offences that aren't always considered to be crimes, e.g. jay walking. - Set by government department or agencies responsible for area of law and policy that require frequent change. - Delegated legislation as they are minor, and require time and costs. - E.g. Watering garden despite water restrictions/destructions. - Travelling on public transport without a valid ticket.

• Define Summary and Indictable Offences : — Summary Offence : - 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, good behaviour bond, or community service. — Indictable Offence : - A more serious offence (such as murder or rape) tried by a judge and jury (District Court). - The judgment is determine by a jury and the punishment is determined by the judge. - The charge is brought by a public prosecutor working for the state. - The punishment will usually result in imprisonment or a hefty fine. • Identify the parties to a Crime - Principal in the First Degree, Principal in the Second Degree, Accessory before the Fact, Accessory after the Fact : - Principal in the First Degree : This is the person who committed the crime, e.g. In an armed robbery, John took the money - perpetrator; key instigator; harsh penalty. - Principal in the Second Degree : This is the person who was present at the crime and assisted the principal offender to perform the offence, e.g. John’s friend, Adam kept a lookout by the door. - Accessory before the Fact : This person helped plan the offence but was not there when it occurred, e.g. The ‘boss’, Daniel ordered John to rob, gathering of the opening and closing times, fl oor plans and maps. - Accessory after the Fact : This person helped the principals after the crime had been committed and is aware of the crime, e.g. David is the driver in the getaway car that John and Adam leave in. • Examine a range of factors that may lead to criminal behaviour and factors affecting criminal behaviour : — Reasons as to why people obey the law: - People fear punishment. - People have a desire for protection, thus comply with the restrictions of the legal system. - A belief, value or custom means a person would follow the legal system.

Legal Studies - Crime — Reasons as to why people break the law: - See the law as unimportant. - Think they will not be caught. - See it ‘exciting’ to break the law. Psychological Factors : - Many forms of mental illness affecting a person’s behaviour may be the reason for crime. - Important during the criminal process - accused’s state of mind is considered when sentencing. - Relevant during sentencing and sentencing programs - drug rehabilitation programs focusing on psychological rehabilitation. Social Factors : - Family situation or personal relationships influence criminal activity. - Social group - influences attitude and views of acceptable behaviour. - Environment the individual is raised in; e.g. abusive home, trauma = more prone to criminal activity. - The theory of differential association states that a person who is exposed to an environment where criminal behaviour is normal, is more likely to become a criminal. Economic Factors : - Most substantial reason for committing of crimes in NSW. - Disadvantaged background is more likely to commit crime as proven through various statistics. - 1/3 of male and 1/2 of female offenders receive welfare or government payment as a source of income. - Poor education, lack of skills and unemployed people. - Offenders in this case may commit crimes for economic benefits such as robbery, larceny and etc. Genetic Theories : - It has been theorised that criminals are born, not made. It is possible that some people commit more crimes than others due to their genetic make-up. However, other factors are much more important. Political Factors : - Groups in society will challenge the authority of the government and therefore the laws of that government. Sometimes this politically motivated criminal activity is considered justifiable. - Public order offences may be connected to politically motivating factors. - E.g. annual protests at G8 Summit/protests at 2009 Copenhagen Climate Change Conference. Self-Interest : - Usually plays role as motivating factor in committing a crime. - Motivations of money or power may play a significant role in committing the offence. - Crime is committed for own personal profit such as money gained through embezzlement.

• Investigate a range of Situational and Social Crime Prevention techniques : Situational Crime Prevention : - Creating situations where it is difficult for people to break the law - involves making it difficult for criminals to commit criminal acts either by increasing the risk of being caught, making crime for difficult to perpetrate, or making the crime less rewarding. - Parents may stop their children from going to a party where a criminal situation could arise. - A good security system and locks on a house may discourage thieves. - Technology, e.g. Security cameras deter people from committing crimes. 1. Planning or Architectural Design : influence of physical environments on crime, such as adding bars or alarm system at home.

Legal Studies - Crime 2. Focused (Situational) Approach : views offenders as actors who weigh up potential risks, costs and gains, i.e. use colour tags attached to clothing in shops that set off detectors at door. Social Crime Prevention : - Addressing the underlying factors that may lead to criminal behaviour/attempts to reduce the factors that are likely to cause a person to commit crime. - Factors may include economic disadvantage, poor parenting, and poor school attendance. - Education about why laws are established and how they function - prevention through early years. - Parental care run for parents who come from disadvantaged backgrounds, lacking the skills to empower their children to make better life choices. - Providing employment or an adequate income through the social security system. People with incomes can receive what they need without resorting to crime. - Youth programs run to teach dispute resolution skills and social skills to reduce number of potential offenders. - E.g. Police Youth Leadership Program.

2. The Criminal Investigation Process The Criminal Investigation Process is a complex aspect of the legal system that aims to gather evidence lawfully, justly and in accordance with the rights of the victims, suspects and society. • Discuss the Powers of Police in the Criminal Process : The role of the Police is to prevent crime, enforce the law, maintain a public presence in order to deter, report to the DPP, investigate criminal activity and assist in the prosecution of offenders. - Responsible for enforcing criminal laws and ensuring they are adhered to, making enforceable legal decisions and judgements. - Role of police is to investigate crimes, make arrests, interrogate suspects, and gather evidence. - Challenge is to balance extent of powers required by police against the rights of ordinary citizens. - Main police powers include : 1. Detain and question suspects. 2. Search property and seize evidence (search and seizure). 3. Use reasonable force if necessary. 4. Use particular technologies to assist investigation, such as phone taps, surveillance, DNA samples. 5. Arrest and interrogate samples. 6. Recommend whether bail should be granted. - May need to seek a warrant from court to use particular power to ensure that power is used appropriately and is not abused. - Ability to cross-reference details of a person of interest (criminal history, gun licence, mental illness, etc.) through COPS 1994 System. Search and Seizure : - Police can search people, places and motor vehicles, as well as seize or take evidence. - Can search premises to investigate a crime if the owner consents or if they have a search warrant. Access to Information : - In 1994, the Computerised Operational Policing System (COPS) was introduced in NSW, giving police the ability to check details of all ‘persons of interest’. - Criminal history, mental illness, a victim, etc.

Legal Studies - Crime Interrogation : - Police can ask questions, however suspects need not answer unless : - Driver must produce their licence on request. - A person must give the name and address of a driver involved in a motor accident if able. - A person must give the information to a customs officer about drug smuggling. - Verbals are false confessions or threats of violence used by police to force people to make false confessions. Video/audiotape interviews can protect offenders. Electronic Surveillance : - Cameras seem to deter potential criminals and it is reported that there is a drop in cr...