REVIEW 1.

1. Define the term ‘crime’.

The word ‘crime’ is a broad term used to describe many unlawful activities, from the extreme, such as
murder, to more minor offences, such as speeding. A crime includes any act or omission that results in
harm to society at large and is punishable by the state, including the court system and state or
Commonwealth bodies.

2. Use one or more examples to describe a new type of crime and an act that is no longer a
crime.
F or centuries the practice of witchcraft was considered a serious offence punishable by death
throughout the British Empire. As society’s attitudes evolved, the position was eventually reversed in
Great Britain with the introduction of the Witchcraft Act 1735, 9 Geo II, c 5, which removed the
offence of witchcraft and instead made it a crime to pretend to practise acts of witchcraft. In Australia
today, such acts would be governed by consumer protection regulations that protect against fraudulent
activity.

3. Identify the similarities and differences between criminal and civil law.
Criminal law Civil law
Criminal law is about protecting society. A Civil law relates primarily to rights and
crime is punishable by the state because it is an responsibilities between individuals.
offence against society as a whole.
The decision to prosecute the offender in court An action against the alleged perpetrator is
is made by the police and/or the Director of brought before the courts by an individual who
Public Prosecutions. They are known as the is affected (the plaintiff).
state or the Crown, and the offender is known
as the defendant or the accused.
The Crown must prove its case beyond A much lower standard of proof is required (the
reasonable doubt. If any other reasonable balance of probabilities).
conclusion besides proving the criminal charges
can be drawn from the evidence, there is
reasonable doubt. If there is any doubt as to the
guilt of the defendant, a ‘not guilty’ verdict
must be given.
The aim of criminal law is to protect the The aim is to address the defendant’s wrong by
community and to provide a sanction or way of a remedy or court order in favour of the
punishment to an offender who is found guilty plaintiff.
by a court of law.

REVIEW 1.2

1. Explain the difference between actus reus and mens rea.

 That the accused person actually committed the crime (actus reus)
 That the accused person sufficiently intended to commit the crime (mens rea).
2. Using a specific crime as an example (for example, drink-driving, murder or robbery),
describe what you think the actus reus and mens rea of the crime might be.

Outline: Mens Rea (Guilty Mind)

 Refers to intention of accused to commit a crimec
 The prosecution must prove that the accused was warned that their actions would at least
probably result in a crime being committed
 Exception: Strict liability offences where the prosecution only has to prove the person
committed the act (actus reus), not the intention to commit the crime (means rea)
 EXAMPLE: Traffic offences such as speeding
Outline: Actus Reuse (Guilty Act)
 Refers to the physical act of committing a crime
 Needs to be established in the case of a strict liability case (proof that the accused carried out
the crime)

3. Outline two main differences between strict liability offences and other offences. Give
examples of some strict liability offences.
A strict liability offence is one where the prosecution only needs to prove that the accused carried out
the act and is not required to show that the accused intended to commit the crime. Because strict
liability offences dramatically lower the level of proof required to achieve a criminal conviction, and
so lessen an accused’s rights in the criminal process, they are generally restricted to minor offences,
such as traffic offences or breaches of regulations.

REVIEW 1.4
1. Describe the key characteristics of a summary offence and an indictable offence.

Summary Offences Indictable Offences

 Less serious offences.  Serious criminal offences.
 E.g. shoplifting, minor assault, drink  E.g. murder and sexual assault.
driving.  Heard by a judge and jury in the district
 Heard by a magistrate in the Local and supreme court.
Court.  These offences are brought on a charge
 These offences are brought on a charge called an ‘indictment.
called a ‘summons’.  Maximum penalty can be life
 Penalties range from fines to 2 years imprisonment.
imprisonment.

2. Identify some of the advantages and disadvantages for an offender of having their case heard as a
summary instead of an indictable offence.

REVIEW 1.6
1. Describe three factors that might influence a person to commit an offence.
 Psychological or pathological factors will often be relevant to the commission of an offence,
with many forms of mental illness affecting a person’s behaviour. These factors will often be
important during the criminal process, as early as the time of arrest or charge, or relevant to the
accused’s state of mind and raised by either prosecution or defence during a criminal trial.
 Social factors influencing a person’s attitude towards crime may include their family situation
or personal relationships. The social groups that people associate with will often influence a
person’s attitudes and views of acceptable behaviour.
 Economic factors present one of the most substantial reasons for the committing of crimes in
New South Wales. People from disadvantaged backgrounds are more likely to commit crimes
and front our courts than any other group.
 Genetic theories surrounding criminal behaviour have long been a topic of interest for
scientists and criminologists.
2. Define ‘situational crime prevention’ and provide examples of how this is achieved.
Situational crime prevention aims to make it more difficult for criminals to carry out a crime, and
therefore stops the crime before it is committed. It usually involves one of two approaches:
 planning and architectural design, 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 gains, risks and costs.
3. Define ‘social crime prevention’ and give some examples of how this is achieved.
Social crime prevention attempts to address the underlying social factors that may lead to criminal
behaviour. These factors include:
 poor home environment and parenting
 social and economic disadvantage
 poor school attendance
 early contact with the police and other authorities.

Review 2.1
1. Describe the role of police in society.
 The role of the police in the criminal investigation process is to investigate crimes, make
arrests if necessary, interrogate suspects and gather evidence against the accused. Police will
then present the evidence for judgement to a court on behalf of the state, either directly or
through a prosecutor. The challenge for all communities is to balance the extent of powers
required by police against the rights of ordinary citizens.
2. Outline some of the special powers police are given to perform their duties.
Some of the main police powers include the power to:
- detain and question suspects
- search property and seize evidence (commonly known as search and seizure)
- use reasonable force if necessary, to carry out their duties
- use particular technologies to assist an investigation, such as phone taps, surveillance or
DNA samples
- arrest and interrogate suspects
- recommend whether or not bail should be granted.
3. Describe what a person can do if they believe the police have not treated them properly.
 Where a suspect believes their rights have been abused, there are complaints procedures
available. The NSW Police Force is also overseen by the NSW Ombudsman and the Police
Integrity Commission.
4. Explain how a crime is reported.

Review 2.2
1. Create a list of 20 types of evidence that could be collected in a criminal case. You may like
to categorise them.
 The types of evidence that may be gathered by police are varied, and include the oral
testimony of the accused, police and witnesses, as well as physical evidence such as objects
or weapons.
2. Describe some of the types of technology available to police when investigating crime.
 Scientific and technological advances have now made the processing and cross-checking of
criminal databases easier and more effective for day-to-day policing.
 State-of- the-art fingerprint and DNA databases make it easy for police to share information
across states and internationally.
 Police surveillance teams are able to record video and audio footage using digital methods,
which allow that material to be easily stored and copied.
 Cybercrime units are often able to locate criminals through their internet activity and track
down people committing crimes such as computer hacking, internet scams and international
pornography rings.
3. Discuss the circumstances in which a police officer may search a person. Do you think the
search powers are necessary or too broad? Explain.
 Under Part 4 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police
are given powers to ‘search people and seize and detain things’ in certain circumstances. One
of the most important of these is the power to search and seize without a court warrant.
 Police may search anything in a person’s ‘possession or control’, including, for example, a
person’s body, bag, clothes and possessions. Generally, police will ask for a suspect’s
cooperation and ask the suspect to turn their pockets out and remove bulky clothing. Police
 may also ‘pat down’ a suspect’s body to feel for any concealed items. Police can also require
a person to open their mouth or shake out their hair if they have reasonable grounds to believe
that the suspected object is concealed there.
4. Describe the use of a search warrant and how one is obtained.
 In New South Wales, certain searches or seizures cannot be performed without a valid
warrant.
 When applying for a search warrant, the police must give substantial reasons or evidence to
the magistrate or judge to justify the granting of the warrant.

Review 2.3
1. Describe the circumstances under which police can make an arrest.
 The conditions under which the police may lawfully arrest a person are contained in the Law
Enforcement (Powers and Responsibilities) Act 2002 (NSW) and include:
- catching a suspect committing an offence
- believing on reasonable grounds that a suspect has committed or is about to commit an
offence
- where that person has committed a serious indictable offence for which they have not
been tried
- possessing a warrant for that person’s arrest.
2. How long can a person be detained without charge? What do you think are some of the
advantages and disadvantages of a longer or shorter detention period?
 The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) sets out the lawful
conditions under which a suspect can be detained for questioning and for the purpose of
further investigation. Police can only detain a suspect for four hours, by which time that
person must be either charged or unconditionally released. They may apply to a magistrate for
a warrant to extend the investigation period up to a further eight hours. During this time, the
offender would be held in either a police cell or an interview room.
3. What must a police officer do before commence an interview?
 The police must issue a caution to the suspect as soon as practicable after the person has been
detained, to inform them of the maximum period of detention and that they do ‘not have to
say or do anything but that anything the person does say or do may be used in evidence’. The
caution must be given to the suspect orally and in writing.
4. Explain the process of what occurs when a person is charged.
 At the end of the maximum detention period, the police must either charge the suspect with a
specific offence or release them unconditionally. If charged, the police must either release the
accused or bring them before a magistrate or authorised officer as soon as practicable after the
end of the maximum detention period. Those kept in custody will be brought before the court
for a bail hearing (see below). The exception to this rule is the Terrorism (Police Powers) Act
2002 (NSW), which allows police to make an application to the Supreme Court to detain a
person in custody for a maximum period of 14 days without charge if they reasonably believe
the suspect will otherwise engage in a terrorist act. This is also known as preventive
detention.