Introduction to Crime

legalstudieshsc.wordpress.com /2012/07/03/introduction-to-crime/
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 is
because 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)

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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