Notes On The Nature Of Crime (1-4 Syllabus)

Resource Description

Notes for the crime topic – addresses syllabus sections 1-4

Elements of a crime Actus reus – the physical act or omission that constitutes a crime, a guilty act
Mens rea – the intention of the accused to commit a crime, a guilty mind
Causation – the sufficient link between the accused’s actions and the resulting harm
Strict liability offences No mens rea – offences that only require proof of actus reus, eg. Speeding
Categories of crime Offence against the person – homicide, assault
Offence against the sovereign – treason, sedition
Economic offences – property, white-collar, computer crimes
Drug offences – trafficking, possession, use
Driving offences – speeding, drink-driving, negligent driving
Public order offences – traffic obstruction, public urination
Preliminary offences – attempts, conspiracy
Regulating offences – breaching public transport regulations
Summary and indictable offences Summary – less serious offences, heard in Local court, heard and sentenced by a magistrate, less serious punishments, maximum 2-year sentence (or 5 for multiple offences)
Indictable – more serious offences, heard in District or Supreme courts, either heard and sentenced by a judge or judge and jury
Parties to a crime Principal in the first degree – person who actually commits the crime
Principal in the second degree – person present when crime was committed and assisted principal offender
Accessory before the fact – person who helped principal plan or carry out crime beforehand
Accessory after the fact – person who helped principal after the crime
Factors affecting criminal behaviour Psychological – mental illness, drug/alcohol induced
Social – family situation, peer groups, gangs
Economic – welfare recipients, disadvantaged groups
Political – result of political beliefs, eg. Sedition, treason
Self-interest – driven by greed, eg. Embezzlement, fraud