Legal Studies: Crime

• Crime


  Conduct that is prohibited by law and punishable by the state, encompassing a wide range of behaviours from minor offences to serious crimes
• Actus Reus


  The guilty act, referring to the physical act or conduct that constitutes the offence
• Actus Reus


  • In R v Gibbins and Proctor (1918), the actus reus was the failure to provide food to the child, resulting in death
• Mens Rea


  The guilty mind, referring to the intention or mental state of the offender at the time of committing the act
• Mens Rea


  • In R v Cunningham [1957], the mens rea was the reckless act of endangering life by breaking a gas metre
• Strict Liability Offences


  Offences where mens rea is not required to establish guilt
• Strict Liability Offences


  • Speeding offences under the Road Transport Act 2013 (NSW)
• Causation


  The link between the defendant's actions and the resulting harm or consequences
• Causation


  • In R v Blaue [1975], the defendant's actions were deemed to have caused the victim's death despite her refusal of a blood transfusion on religious grounds
• Categories of Crime


  • Offences against the Person
  • Offences against the Sovereign
  • Economic Offences
  • Drug Offences
  • Driving Offences
  • Public order Offences
  • Preliminary Crimes
• Summary Offences


  Minor offences heard and determined summarily by a magistrate, typically resulting in fines or community service orders
• Indictable Offences


  Serious offences tried before a judge and jury in a higher court, carrying heavier penalties such as imprisonment
• Principle in the First Degree


  The person who actually carries out the criminal act and is called the perpetrator
• Principle in the First Degree


  • In a bank robbery, the person who enters the bank and demands the money is a principle in the first degree
• Principle in the Second Degree


  A person who is present at the crime scene and assists in committing the offence. The person must knowingly and actively be assisting in the offence. There is no legal duty to stop a person from committing an offence. They are treated in the same way as the offender in relation to the criminal offences
• Principle in the Second Degree


  • A gateway driver in a bank robbery would be a principle in the second degree
• Accessory before the Fact

  A person who helps in the planning or preparation before the commission of a criminal act. It is important to show the accessory know that they are assisting in the commission of a crime
• Accessory before the Fact

  • Providing a gun to an offender knowing they are going to use it to rob a bank makes a person an accessory before the fact
• Accessory after the Fact


  A person who helps after a crime is committed, but was NOT present at the scene or aware of the crime beforehand but must be aware of the crime before agreeing to assist. This person is treated more leniently by the courts
• Accessory after the Fact

  • A person who buries money to help the offender hide it would be an accessory after the fact
• Factors affecting criminal behaviour

  • Socioeconomic factors
  • Psychological factors
  • Environmental factors
• Situational Prevention


  Strategies aimed at reducing opportunities for crime through environmental design, surveillance, or target hardening
• Situational Prevention


  • Installing CCTV cameras in public spaces to deter criminal activity
• Social Prevention


  Initiatives addressing underlying social factors contributing to crime, such as poverty alleviation, community development, or education programs
• Social Prevention


  • Youth outreach programs aimed at diverting at-risk individuals from criminal behaviour
• Police Powers


  Broad powers granted by legislation to investigate and combat crime, including the power to stop, search, and detain individuals suspected of committing offences
• Legislation granting police powers varies between jurisdictions but typically includes the Law Enforcement (Powers and Responsibilities) Act 2002 in New South Wales and the Police Powers and Responsibilities Act 2000 in Queensland
• Reporting Crime


  Members of the public can report crimes to the police through various channels, including emergency hotlines, online reporting platforms, and in-person at police stations
• Reporting crime promptly is essential for initiating police investigations and ensuring the timely collection of evidence
• Investigating Crime


  • Gathering evidence
  • Use of technology
  • Search and seizure
  • Use of warrants
• Gathering Evidence


  Police collect evidence through various means, including witness statements, forensic examinations, surveillance footage, and digital data analysis
• Use of Technology


  Advances in technology, such as DNA analysis, fingerprinting, and forensic imaging, enhance the investigative process and aid in identifying suspects and establishing guilt
• Search and Seizure


  Police may conduct searches of persons, vehicles, and premises with or without a warrant, depending on the circumstances and the nature of the suspected offence
• Use of Warrants


  Search warrants and arrest warrants are issued by judicial officers based on probable cause and are required for certain types of searches and arrests
• Arrest


  Police can arrest individuals suspected of committing offences if there are reasonable grounds to believe they have committed a crime. Arrests must be conducted in accordance with procedural fairness and the rights of the accused
• Charge


  Following an arrest, suspects may be formally charged with offences based on the evidence collected during the investigation
• Summons


  Instead of arrest, police may issue a summons requiring a person to appear in court to answer charges
• Warrants


  Warrants may be issued for various purposes, including the arrest of suspects, the search of premises, or the seizure of property
• Notices


  Notices may be issued for minor offences, such as traffic violations or public order offences, requiring individuals to pay fines or attend court hearings
• Bail


  Suspects may be granted bail, allowing them to be released from custody pending trial, subject to conditions such as reporting to police, surrendering passports, or refraining from contact with victims or witnesses