legal crime

• The meaning of crime
• Definition of crime. By definition, a crime is any act or omission of duty resulting in harm to society that is punishable by the state.
• Meaning of crime.

  • A crime is any act that law-makers in a particular society have deemed to be criminal, which in itself causes injustice.
  • Most crimes are the result of moral and ethical judgements by society about an individual's behavior.
• Meaning of crime

  • When a person commits a crime it is deemed to be committed against all of society. The crime is seen as an attack on the standards and expectations that society generally upholds and so it is the responsibility of society as a whole to punish the accused.
  • The government, courts and other statutory bodies are constantly reviewing legislation to ensure that it meets the expectations of the community is as relevant as possible to our rapidly developing and changing society
• The crown. The crown is the state party that commences a criminal action in a court of law (usually commenced by the Director of Public Prosecutions)

  Beyond reasonable doubt is the standard of proof required in a criminal case for a person to be found guilty.

  The crown must provide its case beyond reasonable doubt. If there is any doubt as to the guilt of the defendant, a ‘not guilty’ verdict must be given
• the elements of crime: actus reus, mens rea
• elements of crime

  In order to be found guilty of a criminal act it must be proven that:

  the accused intended to commit a crime (mens rea)

  the accused actually committed a crime (actus reus)
• Definition of mens rea

  Refers to the intention to commit a crime, the prosecution must prove that the accused was aware that their actions would at least probably result in a crime being committed.
• Mens rea

  • It is the state of mind of a defendant and their knowledge or the facts that make the conduct criminal (the defendant understood what was happening when the act was committed, and the conscious and willing mind that was present in performing the crime
  • If the police or Crown cannot prove that the defendant acted intentionally, fraudulently, maliciously, negligently, recklessly or willfully, the charge will not be proved.
• 3 levels of mens rea

  The degree of intention required to prove a crime can differ and will often be specified in the legislation where the crime is defined. Three levels are:

  • Intention - a clear malicious or wilful intention to commit the crime. 
  • Recklessness- the accused was aware that their action could lead to a crime being committed, but chose to take the risk anyway
  • Criminal negligence - the accused fails to foresee the risk where they should have and allows the avoidable danger to occur, usually resulting in the harm or death of another person the accused had a duty to protect.
• Definition of Actus reus:

  This refers to the physical act of committing a crime, This also includes the act of omission, particularly in cases of omission. Actus reus is the only element of the crime that needs to be established in the case of a strict liability offense. 
• Strict liability offences

  Strict liability offense refers to an offense where the mens rea does not need to be proved, only the actus reus (the guilty act) needs to be proved
• Strict liability offences

  The prosecution only needs to prove that the accused carried out the act, regardless of their mens rea. Generally strict liability offenses are restricted to minor offenses because of the dramatically lowered level of proof required to convict.
• Causation

  Causations refers to the link between the behavior of the accused and the result (that is, that the behavior of the accused actually caused the criminal act alleged)
• categories of crime including offenses against the person, offenses against the sovereign, economic offenses (property/ white collar/ computer), drug offenses, driving offenses, public order offenses, preliminary crimes (attempts and conspiracy)
• Categories of crime

  Offences against the person (homicide, assault, sexual assault)

  Murder

  Manslaughter

  • Involuntary - involves the death of a person that occurred because the accused acted recklessly or negligently
  • Voluntary - occurs when a person when a person kills with intent but the court finds mitigating circumstances
  • Constructive - is the killing of a person while the accused was committing another dangerous or unlawful act
• • Mitigating circumstances are circumstances that make the offense look less severe, and can lead to a reduced sentence.
• Offences against the person (homicide, assault, sexual assault)

  • Infanticide - Applied to the death of a baby under the age of 1 year by the biological mother who was mentally disturbed at the time of the offense from the effect of giving birth (or postnatal depression)
  • Dangerous driving causing death - This occurs when someone drives in a reckless way that causes death, alcohol, speeding, drugs ect
• Crime, recklessly 

  SBF v R [2008]

  Drove a vehicle exceeding the speed limit and killed 2 young people and seriously injured another, was sentenced to 7 years and 10 months. Once trying to appeal he was rejected as SBF showed a ‘complete abandonment of responsibility’
• Crime against the persons statistics

  According to the Australian bureau of statistics:

  • In 2013 there were 132 homicide victims in NSW
  • 63% of the victims knew the offender
  • Murder victims account for 67% of homicide victims
  • 56% of homicides involves a knife and 31% involved firearms
• Infanticide legislation

  The crime Act 1990 (NSW) requires the court to take into account the state of mind of the mother. However, do not consider it for the bio father. Room for reform does not consider adoption or fostering either.
• Summary offenses: a less severe offense that is heard and sentenced by a magistrate in a Local court.

  • Summary offenses are considered less serious offenses and will usually incur lesser penalties than indictable offenses. Heard and sentenced in a  local court and not tried in front of a jury
• Factors affecting criminal behaviour

  Psychological

  Social

  Economic

  Political

  Genetic

  Self interest
• Situational crime prevention

  The two approaches within situational crime prevention is 

  Planning and architectural designs which considers the influence of physical environments upon crime

  Focused (situational) approaches which rest on rational choice theory, which views offenders as actors who weigh up potential risks and costs

  • This aims to make it more difficult or less rewarding for someone to carry out a crime and occurs at the point of crime. This includes bars in windows, alarm systems, passwords, surveillance cameras etc. 
• Social crime prevention

  Social crime prevention attempts to address the underlying social factors that may lead to criminal behavior. These factors include

  • Poor home environment and parenting
  • Social and economic disadvantage 
  • Poor school attendance 
  • Early contact with the police or authorities

  The aim of social crime prevention is to target people in patterns of criminality before the temptation to turn to crime is real.
• Police powers

  Laws are useless without a body to enforce them. Police are responsible for the detection of crime and their duty is to be responsive. NSW police force is given special powers under the law to enable it to carry out its duties effectively, majority of these powers are contained in the Law Enforcement (Powers and responsibilities) Act 2002 (NSW). Police may occasionally be given greater power in specific areas in order to combat particular threats or perceived threats to the community.
• Main police powers include the power to:

  • Arrest and interrogate
  • Search property and seize evidence
  • Use reasonable force if necessary 
  • Use particular technology to assist in investigation (phone taps)
  • Recommend whether or not bail should be granted
• The conditions under which police may lawfully arrest a person are contained in LEPRA. The grounds to arrest a suspect are:

  • The suspect was caught committing an offense
  • There is a belief on reasonable grounds that the suspect has committed an offense
  • There is a belief on reasonable grounds the suspect was about to commit an offense
  • The police posses a warrant for their arrest
• Police powers

  For it to be legal, the officer must state to the person that they are being arrested and why. They are allowed to use reasonable force however if it is deemed to be excessive, the officer can face charges and complaints.
• Bail:

  The temporary release of an accused person, awaiting trial, sometimes on particular conditions such as lodgement of a sum of money as a guarantee.
• New Bail Act 2013 (NSW) introduced, amending the 1978 Act


  2013
• Bail will not be refused

  If the person is deemed to be an 'unacceptable risk'
• Determining whether to grant bail

  1. Consider views of victim

  2. Consider risk factors

  3. Consider history of non-compliance with court orders
• Bail Amendment Act 2014

  Followed high profile cases where individuals on bail were involved in serious crimes, leading to calls for tighter bail conditions
• Bail Amendment Act 2015


  • Further tightened bail conditions (for offenses involving firearms)
• Bail Amendment Act 2018


  • Aimed to strike a balance between community safety and individual rights by introducing risk assessment tools, emphasizing the need to consider the risk posed by the accused to the community
• Remand:

  A period spend in custody awaiting trial

  • Remand is usually sought for people who have committed particularly violent crimes, dangerous crimes, repeat offenders, or those thought to be a flight risk
• Issue with remand:

  Use of remand should be minimized due to the fact the  person hasn't been proved guilty, what if they do months in jail for nothing, less presumption of innocent