Crime Syllabus Summary NOTES SUMMARISED PDF

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Crime Syllabus Summary NOTES SUMMARISED. CAN BE USED IN ESSAYS IF NEEDED. WITH DETAIL AND POLISHED. includes all syllabus dot points....

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1. The nature of crime

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meaning of crime

- A crime includes any act or omission which results in

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Crimes Act 1900

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causing harm to individuals in society and is punishable by law •

the elements of crime: actus reus, mens rea

The actus reus is the guilty act. This can include - an act or failure to act (e.g speeding) - a circumstance (e.g in the presence of a child) - a status (e.g drunken state in public) - a consequence i.e the act led to something (otherwise known as causation). The mens rea is the guilty mind. This can include: - intention (e.g to kill) - recklessness (knew of the consequence but persisted) - knowledge (e.g knowledge of a person not consenting to sex)

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strict liability offences

- A strict liability offence is a crime in which mens rea does

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R v Tostee (2016)

“Gable Tostee trial: Jury reaches verdict over Tinder hook-up murder charge” - ABC News 2016

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causation

- Causation refers to the enquiry as to whether the -

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not have to be proven. The court only has to prove actus reus. The majority of these offences are summary offences e.g speeding. If the mens rea was needed to proved for summary offences, the resource efficiency of the court would be detrimental. defendant's conduct (or omission) caused the harm or damage. Was the crime a direct consequence of the defendants actions? Prosecution needs to prove beyond a reasonable doubt that the actions of the accused were a ‘substantial and significant cause’ of the harm/consequence.

R v Royall (1991)

1. The nature of crime

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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)

Information Offence against the person: - e.g.murder, manslaughter, infanticide, dangerous driving, assault, sexual assault. - any case where harm (emotional or physical) is directly brought to an individual Offence against the sovereign: - Offences against the sovereign are some of the oldest crimes, and include political offences against the state or heads of state, such as treason and sedition, which attract severe penalties. Economic offences: - three types: - Property e.g. larceny, break and enter - White collar e.g. embezzlement, tax evasion, insider trading - Computer e.g. various crimes related to hacking and unauthorised access or modification of data such as fraud Drug offences: - Drug offences relate to acts involving prohibited or restricted drugs. - e.g. possession of an illicit substance Driving offences: - any form of offence committed by a person in a vehicle e.g speeding Public order offences: - The acts that are deemed to disturb the public order in some way, such as disturbance in or in sight of a public area. - e.g obscene, indecent, or threatening language or behaviour in public Preliminary crimes: - attempts or conspiracy - An attempt to commit a crime is considered an offence and will usually be punishable by the same penalty as if the crime had taken place - Conspiracy occurs when two or more people jointly conspire to commit a crime

Legislation Crimes Act 1900

Drug Misuse and Trafficking Act 1985 (NSW) Driving offences are included in both the Road Transport (Safety and Traffic Management) Act 1999 (NSW) and the Crimes Act 1900 (NSW).

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1. The nature of crime

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summary and indictable offences

Information A summary offence is a minor offence, mostly heard in the local or district court. Offences range from speeding to minor assaults.

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An indictable offence is a major offence, mostly heard in the supreme court and above. Offences such as murder or sexual assault are indictable offences. •

parties to a crime including principal in the first degree, principal in the second degree, ! accessory before the fact, accessory after the ! fact

Principal in the first degree: The individual who actually carries out the criminal act. Referred to as the ‘perpetrator’ Principal in the second degree: This individual assists and is present during the commission of the crime. e.g In the armed robbery of a service station, the principal in the second degree could be someone who was standing guard at the door. Accessory before the fact: Helps others commit a crime by helping them plan or prepare the criminal act. They are not present at the commission, however may be imposed with the same penalty as principal in the 1st degree.

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Accessory after the fact: Helps the criminal/s after the commission of a crime, but is neither present during the crime, nor aware of it beforehand. They have the intent to help the person avoid arrest or punishment. An accessory after the fact may be held liable for obstruction of justice.

1. The nature of crime

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factors affecting criminal behaviour

Information Economic factors: - People who suffer economic disadvantage can feel ‘disconnected’ from mainstream society and hence may disrespect the law. Social factors: - Upbringing and personal networks shape a person’s view of the law. People born into low socio-economic areas ridden with crime may make some partial to committing criminal activity. Self interest and greed: - In most crimes involving violence, the perpetrator is interested in exerting power or fear - Drug addiction Political factors: - People who commit politically motivated crimes may not feel compelled to comply with the law. Politically motivated crimes cover public order offences to terrorism. Genetic factors: - Some scientists have claimed that men with an extra male, or Y, chromosome (XYY) may be more likely to commit criminal acts than the general population

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1. The nature of crime

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crime prevention: situational and social

Information Social crime prevention: - Aims to give people access to services and education to reduce the factors that are likely incentives for committing crimes. e.g a program that specifically target substance abuse (Narcotics Anonymous) Situational crime prevention: - A reactive measure taken to discourage, make it more difficult for, or making less rewarding for crimes to be committed. Politicians favour situational crime prevention due to the short term nature of the strategy, such as employing more police officers, installing security cameras or security guards.

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Bourke case study: - Maranguka began in 2013, when members of the Bourke Aboriginal community approached Just Reinvest NSW. - According to the Bureau of Crime Statistics and Research board, crime in the New South Wales’ northwest town of Bourke is at an all-time low, with taxpayers saving over $3 million last year on police, courts, prisons and other related costs, as a result of lower crime rates (The Australian, 2018) - Fair and equitable law and order is a right not afforded to many of Bourke’s Indigenous citizens - As evidenced in Bourke, situational crime prevention has proved vastly ineffective in combatting crime - Bourke is one of the most disadvantaged communities in Australia, with high longterm unemployment and family violence, and the highest rate of juvenile convictions in NSW - Deep seeded socioeconomic problems dominating the factors affecting criminal behaviour in the area - Social crime prevention programs such as “Maranguka” have drastically diminished the rates of crime in Bourke. - Domestic violence-related assaults dropped 39 per cent from 2015 to 2017 - 38 per cent reduction in the number of driving offences recorded against youth and - 38 per cent drop in non-domestic-violencerelated assaults. - Maranguka targets the rate of recidivism in Aboriginal offenders in Bourke, by working alongside Family and Community Services staff, domestic violence workers, legal aid representatives and other service providers to co-ordinate services for offenders and their families.

“Breakthrough at Bourke” - ABC Inside Story 2018 - Last year Bourke saved over $3 million, mainly in costs to its criminal justice system, from rolling out Australia’s most advanced example of an approach known as “justice reinvestment.” “Unique community policing sees crime rates plunge in Bourke” - The Guardian 2018 - Maranguka project credited with cutting major offences by 18% and domestic violence and drug offences by 40% - There was a 72% reduction in the number of people under 25 arrested for driving without a licence.

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2. The criminal investigation process

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police powers

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Detain and question suspects search property and seize evidence use reasonable force use particular technologies to assist in investigation arrest and interrogate suspects recommend whether or not bail should be granted

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- Police powers are enforced by the Law Enforcement Power and Responsibilities Act 2002 (LEPRA)

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Media N/A “Alleged police brutality of man in custody on Australia Day under independent review” - ABC News 2019 - The independent Law Enforcement Conduct Commission is reviewing allegations of police brutality against an Aboriginal man in a New South Wales police station “#EnoughIsEnough: Stop Police Brutality in Australia” - Sydney Criminal Lawyers 2018 - Videos of Australian police officers committing horrendous acts of brutality are being uploaded to social media at an alarming rate, renewing calls for offending officers to be made accountable for their crimes. - Complaints are referred to independent bodies – such as IBAC or the Law Enforcement Conduct Commission in NSW – these organisations lack the resources to properly investigate complaints

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reporting crime

Citizens are often reluctant to report crimes; reasons as follows:! – Reluctant to become involved or to appear as a! witness.! – Fear of the consequences if the crime is reported.! – Inability to report the crime.! – The dispute has already been settled.! – Perceived time or administrative burden of! reporting a crime.

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investigating crime: gathering evidence, use ! of technology, search and seizure, use of ! warrants

Gathering evidence: - Taking witness statements at the scene of the crime and crime scene detectives examining evidence left at the scene. - Role of the police is to gather evidence to further the investigation and support a charge in court. - Evidence is documented using video and photos to maintain integrity. Evidence that has been contaminated or compromised is inadmissible evidence. - Types of evidence include oral testimony of the accused, police and witnesses, physical evidence e.g. weapons, objects, DNA, fingerprints. Use of Technology: - DNA evidence is an important advance in technology that has been particularly helpful in gaining some difficult convictions

- All evidence must be obtained in a proper and lawful manner outlined in the Evidence Act 1995 (NSW).

Jill Meagher case (R v Bayley 2013) - Adrian Bayley has been sentenced to life in prison, with a 35-year non-parole period, for the rape and murder of Jill Meagher. - At the time of Meagher’s murder Bayley was on parole for raping five women - Bayley was previously found guilty of 20 rapes over a 23-year period, 11 years of which he spent in jail. - Bayley was captured on CCTV running behind Meagher on Sydney Road, who shortly thereafter dragged his victim into a nearby laneway before raping and strangling her - He drove Meagher’s body 45km from the scene of the crime, where he buried her in a shallow grave. - Bayley was arrested five days after the murder

“Adrian Bayley jailed for life for murder of Jill Meagher” - The Guardian 2013

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“ill Meagher: Conviction documentary reveals how killer Adrian Bayley was caught” - ABC News 2017 - It took six days to catch Jill Meagher's killer, about six hours for him to confess, and six minutes for a judge to remand him in custody. - Phone tracking key to clearing husband and finding killer - CCTV footage from outside a boutique along Sydney Road showed a brief interaction between Jill and her killer, and would lead police to Bayley. - Bayley's car showed up on a toll transaction on Moreland Road at the same time Jill's phone was travelling through that area.

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Use of Warrants: - Warrant: a legal document issued by a magistrate or judge which authorises a police officer to perform a particular act - Certain searches or seizures cannot be performed without a valid warrant. - When applying for a search warrant, the police must give substantial reasons or evidence to the magistrate or judge to justify the granting of the warrant.

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Arrest and Charge - Conditions to which the police may lawfully arrest someone (Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)) include:! – Catching a suspect committing an offence.! – Believing on reasonable grounds that the suspect! has committed, or is about to commit an offence.! – Person has committed a serious indictable offence! for which they have not been tried. - Arrest warrants allow for the police to arrest someone for the crime they are investigating. - Once a suspect is arrested, they may only be held for a specified period of time before being either charged with committing an offence or released. - If charged, the police must either release the accused or bring them before a magistrate or authorised officer as soon as practicable after the end of the maximum detention period.

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Summons - a Court Attendance Notice is a legal document that states when and where a person must appear in court, and the charge to which they must answer

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arrest and charge, summons, warrants

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2. The criminal investigation process

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bail or remand

detention and interrogation, rights of suspects

Information Bail - Bail is the temporary release of an accused person awaiting trial - Bail ensures that the prison system is not clogged with offenders awaiting a trial. Remand - Remand is the name given to the process of when the accused remains in detention throughout the trial, and until they are sentenced - If the accused is found guilty, the time served on remand may be taken into account. - Remand is usually sought for people who have committed particularly violent crimes

- Under the Bail Act

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“Remand population lifts NSW prison numbers” - SBS 2016 - A rise in the number of NSW prisoners awaiting trial or sentencing has pushed up the state's overall jail population by more than 6 per cent. - About a third of those prisoners were on remand awaiting trial or sentence, up by nearly 15 per cent on a year ago.

Current BOCSAR statistics say that there are 5,000 people on remand in NSW

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2013, a bail authority must decide whether the accused person should be held in jail (called on remand) before their hearing or whether they should be released, with or without conditions, into the community

Rights when approached by the police: N/A - You do not usually have to give your name and address. However there are some situations where you must: - when driving a car - when under 18 and suspected of carrying or consuming alcohol - when the police suspect you witnessed a serious crime Before giving ‘reasonable discretion’ a police officer must: - show evidence they are police - tell you their name and station - tell you why they’re giving giving the direction - warn you it is an offence to disobey You do not have to go with police unless you’ve been arrested Police can arrest without a warrant: - to stop a person committing an offence - to preserve evidence of the offence or prevent the fabrication of evidence - to protect the safety of the public - if the nature of the crime is serious

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2. The criminal investigation process

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Information Types of searches: - Normal search - empty pockets, bags, show possessions, frisk search - Strip search - remove clothing - police must not touch your body during a strip search - Internal body cavity search - internal search, ordered by a senior police officer must be conducted by a doctor Police may only use reasonable force Persons under 18 must not be placed in a cell. They must also be accompanied by an adult. Police may only hold an individual in a cell for 6 hrs without charge. This period however may be extended for an additional 6 hrs with an ‘authorised justice’ warrant.

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3. The criminal trial process

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court jurisdiction

Court Jurisdiction: - The court is structured in 3 levels: 1. lower 2. intermediate 3. high - This system allows for appeals. - The powers and role of the court form the jurisdiction - some courts only hear specific jurisdictions (e.g coroners court)

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the adversary system

The adversarial system of trial is the one used in NSW and Australia. - both parties present an argument and evidence in support of their case - court doesn’t conduct an investigation (exc. Cor. Court) - features impartial observers (judge, magistrate, jury) who determine guilt or punishment.

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Some court personnel: - Magistrate - Judge - Police prosecutor or DPP - Public defender

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investigating crime: gathering evidence, use ! of technology, search and seizure, use of ! warrants

Information Evidence is the means by which a fact is proved. The types of evidence are: - eyewitness evidence - circumstantial evidence - hearsay evidence - expert evidence Rules of evidence dictate which evidence is admissible for trial. Admissible evidence must be relevant, meaning that it must prove a fact in an issue, or the witness is credible. - evidence marked as inadmissible cannot be used in court - evidence may be ...