Crime
The Nature of Crime
The Meaning of Crime
● A crime is any act or omission of duty that results in harm to society and is
punishable by the state.
● Legislation relating to crime was created mostly by statute, e.g. Crimes Act
1900 (NSW)
● Civil Law: involves disputes between parties whereas criminal law is where
prosecutions are brought against individuals or companies on behalf of the
state. Generally more prescriptive than common law.
● Criminal Law: a person although charged with an offence is considered
innocent until proven guilty of the offence.
Elements of Crime
● The gain a criminal conviction, the Crown must prove that:
● Actus Reus: (guilty act) that the accused person physically carried out the crime, or
failed to act when they must do so. The act must be voluntary.
➔ Physical act
➔ Planning a crime can be a crime
➔ Voluntary act
➔ Proven via witness testimony, physical and/or DNA evidence
● Mens Rea: (guilty mind) that the accused person intended to commit the crime;
understood what was happening when the act was committed; had a conscious and
willing mind when performing the crime. The degree of intention required to prove the
crime can differ between crimes. There are 3 main levels:
- Intention: clear, malicious and wilful intention to commit a crime. Highest
level and hardest to prove. Case - R v Naden [2013]
- Recklessness: the accused was aware that their action could lead to a crime
being committed but took the risk anyway. The prosecution needs to prove
the risk was obvious or foreseeable to a ‘reasonable person’. Case - R v
Dean [2013]
- Criminal negligence: where the accused fails to foresee the risk when they
should have and so allows the avoidable danger to occur, particularly when
the person had a duty to protect. Case - R v Thomas
➔ Can focus on the mental state of the accused
Strict Liability Offences
● Offences where only actus reus must be shown to gain a conviction.
● Includes: speeding, travelling on transport without a valid ticket, watering the garden
when water restrictions are in place, breaching WHS regulation, selling alcohol or
cigarettes to people under 18, having sexual relations with someone under 16 and
naming a child involved in criminal proceedings.
The Nature of Crime
The Meaning of Crime
● A crime is any act or omission of duty that results in harm to society and is
punishable by the state.
● Legislation relating to crime was created mostly by statute, e.g. Crimes Act
1900 (NSW)
● Civil Law: involves disputes between parties whereas criminal law is where
prosecutions are brought against individuals or companies on behalf of the
state. Generally more prescriptive than common law.
● Criminal Law: a person although charged with an offence is considered
innocent until proven guilty of the offence.
Elements of Crime
● The gain a criminal conviction, the Crown must prove that:
● Actus Reus: (guilty act) that the accused person physically carried out the crime, or
failed to act when they must do so. The act must be voluntary.
➔ Physical act
➔ Planning a crime can be a crime
➔ Voluntary act
➔ Proven via witness testimony, physical and/or DNA evidence
● Mens Rea: (guilty mind) that the accused person intended to commit the crime;
understood what was happening when the act was committed; had a conscious and
willing mind when performing the crime. The degree of intention required to prove the
crime can differ between crimes. There are 3 main levels:
- Intention: clear, malicious and wilful intention to commit a crime. Highest
level and hardest to prove. Case - R v Naden [2013]
- Recklessness: the accused was aware that their action could lead to a crime
being committed but took the risk anyway. The prosecution needs to prove
the risk was obvious or foreseeable to a ‘reasonable person’. Case - R v
Dean [2013]
- Criminal negligence: where the accused fails to foresee the risk when they
should have and so allows the avoidable danger to occur, particularly when
the person had a duty to protect. Case - R v Thomas
➔ Can focus on the mental state of the accused
Strict Liability Offences
● Offences where only actus reus must be shown to gain a conviction.
● Includes: speeding, travelling on transport without a valid ticket, watering the garden
when water restrictions are in place, breaching WHS regulation, selling alcohol or
cigarettes to people under 18, having sexual relations with someone under 16 and
naming a child involved in criminal proceedings.
