types of crime
o Offences against the person
o Economic offences-white collar crimes & offences against property
o Offences against the State
o Drug offences
o Public order offences
o Traffic offences
o ‘Victimless’ crimes
o Preliminary crimes
elements of crime
actus reus
mens rea
causation
For a person to be found guilty of a criminal offence the prosecution must prove beyond a reasonable doubt, that both actus reus and mens rea existed when the offence occurred.
DISTINGUISHING BETWEEN SUMMARY (minor) and INDICTABLE (serious) CRIMES:
o SUMMARY OFFENCES
- Heard by magistrates (no jury)
- Heard by Local court
- Relatively minor
E.g. traffic offences
- Jurisdiction: 0-$40000
o INDICTABLE OFFENCES:
- serious criminal offence
- tried with judge and jury
E.g. murder, sexual assault
- Jurisdiction >$750000
- Tried by district and supreme court
O THE PARTIES TO A CRIME:
1. PRINCIPAL IN THE FIRST DEGREE-person who actually commit the main offence.
2. PRINCIPAL IN THE SECOND DEGREE- Person who was present, assisting in committing the offence.
3. ACCESSORY BEFORE THE FACT: the person who helped plan the offence but were not there when it occurred
4. ACCESSORY AFTER THE FACT: Person who, knowing about the crimes, helped the offender afterwards
defences:
COMPLETE DEFENCES: Defences which entitle the accused to an acquittal.
a) Involuntary behaviour
b) Compulsion (duress and necessity)
c) Insanity
d) Self-defence
e) Consent of the victim.
PATIAL DEFENCES: Defences which allow a charge to be, reduced to a lesser one. E.g. murder to manslaughter.
f) Diminished responsibility
g) Provocation
discretion
the power to make different choices
-THE CRIMINAL PROCESS:
1. Reporting crime
2. Investigation, arrest and charge
3. Bail
4. Plea, hearing (evidence, procedure, including the role of juries)
5. Personnel (police, prosecutors, defence lawyers, magistrates, judges)
legal aid-assistance to people who cannot afford legal aid
the people must pass 3 tests
means test
merit test
jurisdictional test
types of international crme
crimes commited outside a national jurisdiction
transnational crimes
crimes against the international community
sources of int crime:
treaties, conventions, customary int law, agreements, declarations blah etc
WHY DO PEOPLE OBEY THE LAW?
There are 3 reasons:
1. education
2. regulation
3. cohesion
crime prevention
social
sitautional
PURPOSES OF PUNISHMENT:
There are 3 types of punishment:
1. RETRIBUTION: Punishment is deserved by an offender
2. DETERRENCE: Punishment deters other from offending
3. REHABILITATION (REFORM): Punishment reforms offenders.
Two recent theories are:
1. INCAPICITATION: Restricting offenders for a period of time.
2. REINTEGRATIVE SHAMING: Re-socialising the offender by showing them the harm they have done.
no i dont know all of the above
thats jus copied from my notes
