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Introduction to Crime

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A crime includes any act or omission which results in causing harm to society and is punishable by the

state. A crime is any act that law makers in a particular society have deemed to be criminal. When a

person commits a crime it is deemed to be committed against all of society as well as the victim. This isbecause they havent committed a crime against just the victim, but offended the standards of expected

behaviour in NSW, also because they are also a threat to NSW.

Elements of a crime

To be considered a criminal act the police and prosecutors must prove 2 fundamental elements

Actus Reus -this is the physical act of carrying out a crime

It must be a voluntary act (not under duress) but can also include an omission or failure to act for

example criminal negligence

Mens Rea this means guilty mind, this refers to the mental state of the accused. To be convicted the

prosecuter must prove that the accused was aware of their actions would result in a crime being

committed. The defendant understood that the act was criminal when they committed it

Three Levels of Mens Rea

1. 1. Intention Wilful intent to commit the crime

2. 2. Recklessness the accused was aware that their actions could lead to a crime being

committed, but chose to risk it anyway

3. Criminal Negligence where the accused failed to foresee the risk where they should have

and so allows the avoidable danger to manifest, usually resulting in harm or death to another

person the accused had to protect

R v Sam A father and mother were charged with manslaughter by criminal negligence. They rejected

conventional medical treatment for their daughter of 9 months old who had eczema. The court found

that the condition was medically treatable, but treatment was denied and the child unnecessarily

suffered and died because of it.

Causation -this is to prove a substantial link between the act and the crime.

Strict Liability Offenses These are offenses where only the actus reus must be shown. They only

need to prove that the accused carried out the act and not required to show that the accused intended

in any way to commit the crime.

Types of Offenses

Offenses against person involve some form of harm or injury to an individual. These are divided

into 3 distinct areas:

1. Homicide unlawful killing of another person

2. Assault causing physical harm to another person or threatening it

3. Sexual Offences Forced into sexual intercourse against their will and without consent

Offences against the sovereign - include political offenses such as treason (an attempt to manifest

war against the state) and sedition (promoting hatred and discontent against the government)

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Economic offences wide range of crimes that can result in a person or persons losing property or

sums of money including:

Crimes against property larceny, robbery

White-collar crime embezzlement and insider trading

Computer offences fraud

Drug offences relate to acts involving prohibited or restricted drugs

Offences include:

possession of a prohibited drug

cultivation of a drug

supply of a prohibited drug

Driving offences offences committed while driving including speeding

Speeding

Driving without a licence

Ignoring road signs

Driving above the legal blood alcohol limit of 0.05

Public order offences these relate to acts that are deemed to disturb the public order in some way

These include:

Obscene, indecent language in public

Possessing a knife in a public place

Obstructing traffic or ignoring a reasonable police direction to move on

Preliminary offences these are offences that precede the commission of a crime or where the

crimes have been interrupted or unsuccessful. These fall into two main categories attempts and

conspiracy

Regulatory offences these are usually set out in delegated legislation, they address dady to day

situations and standards e.g. water restrictions

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