Band 6 Notes On Nature Of Crime

Resource Description

The Nature of Crime

 THE MEANING OF CRIME:

 Crimes Act 1900 (NSW) lists many different types of criminal behaviour –>  fails to define crime

Crime = an act or omission against the community at large that is punishable by the state

Legal Characteristics of Crime:
 MUST be conduct that brings harmful results
 Harm MUST be legally forbidden
 Mens rea/criminal intent MUST be present
 Harm caused MUST be natural consequences of voluntary act
 Harm should have been caused, mere intention NOT enough
 MUST be a fusion/concurrence of mens rea & conduct
 MUST be legally prescribed punishment

Aim of Criminal Law:
 Prevent certain behaviour society feels harmful, potentially harmful, unacceptable/undesirable
 Protect community & provide a sanction/punishment to an offender found guilt by a court of law

Definition of Crime has 3 parts:
1. Any act/omission
2. Results in harm to society at large
3. Punishable by the state

Omission = failure to do something