© Cambridge University Press 2017 Chapter 1 The nature of crime

© Cambridge University Press 2017 In this chapter, you will study the nature and meaning of crime. You will also be introduced to the different categories and elements of crimes and the possible parties to a crime. Finally, you will consider the various factors affecting criminal behaviour.

© Cambridge University Press 2017 A crime is an act (or omission) committed against the community at large that is punishable by the state. This could be any act that lawmakers in a society have deemed to be criminal. The nature of crime

© Cambridge University Press 2017 Many factors contribute to what that particular society determines is or is not a crime. These include the society’s culture, history, legal traditions, social attitudes, philosophical and religious beliefs, or political systems. The nature of crime

© Cambridge University Press 2017 Crimes are constantly changing: Crimes can become outdated and may be abolished, such as the former crimes of witchcraft or being a ‘common scold’. New crimes are created as society develops, such as the offences of computer hacking or sending spam. The nature of crime

© Cambridge University Press 2017 The criminal law deals with many aspects of crime, from initially planning a crime to investigation and arrest, through to conviction and sentencing by a court. The aim of criminal law is to protect the community and impose a sanction on the offender if he or she is found guilty by a court of law. The nature of crime

© Cambridge University Press 2017 In a criminal trial, the state (or Crown) brings the case against the accused to court – the state’s representative is called the prosecutor. The state must prove the case against the accused beyond reasonable doubt. The nature of crime

© Cambridge University Press 2017 If the case is proved and the offender is found guilty, the court can impose a sentence on the offender from a range of available sanctions. The nature of crime

© Cambridge University Press 2017 For most crimes, to establish guilt the prosecution must prove that two basic elements were present when the crime was committed: that the accused actually committed the act (actus reus or ‘guilty act’) that the accused sufficiently intended to commit the act (mens rea or ‘guilty mind’). Elements of crime

© Cambridge University Press 2017 This requires that the act was voluntary and that it was fully intended, reckless or criminally negligent. A causal link must be established between the accused and the act they are accused of. Elements of crime

© Cambridge University Press 2017 For example, consider a situation where a person assaults another person by kicking them in the leg, and that person dies later that day. Did the assault in some way cause the death, and if so, could it constitute manslaughter? Causation

© Cambridge University Press 2017 Strict liability offences do not require mens rea to be proved – it is enough to show only that the offender committed the act. Because this approach dramatically lowers the level of proof required, these offences are restricted to minor offences; for example, speeding offences. Strict liability offences

© Cambridge University Press 2017 In most cases, a defence of ‘honest and reasonable mistake’ is still available. Strict liability offences

© Cambridge University Press 2017 Categories of crime Crimes can be categorised in many different ways; for example, the type of offence, jurisdiction of offence, seriousness of the offence or the level of involvement in the offence.

© Cambridge University Press 2017 Categories of crime in NSW, the Crimes Act 1900 (NSW) is the main statute where crimes are listed. the main categories and examples of crime in the Act are shown on the next slide.

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© Cambridge University Press 2017 These offences involve harm or injury to an individual, including: – homicide – murder, manslaughter, infanticide or dangerous driving causing death – assault – including physical and threatened harm, and aggravated assaults – sexual offences – sexual assault, indecent assault or aggravated sexual assault. Offences against the person

© Cambridge University Press 2017 Offences against the sovereign These involve political offences against the government or heads of state, including: –treason – attempt to harm the state or head of state or assist the enemy –sedition – controversial offence involving promotion of contempt or violence against the government.

© Cambridge University Press 2017 Crimes involving interference with a person’s property for the purpose of financial gain, including: – crimes against property – larceny (theft), robbery, break and enter, shoplifting – white-collar crime – embezzlement, tax evasion, insider trading – computer offences – hacking, spam, internet fraud – fraud. Economic offences

© Cambridge University Press 2017 Drug offences Offences involving prohibited or restricted drugs, including: cultivation and production transport, supply and trade (trafficking) possession.

© Cambridge University Press 2017 A broad range of traffic offences related to driving or controlling a motor vehicle, including: exceeding the speed limit driving while disqualified ignoring road signs driving under the influence of alcohol or drugs culpable or dangerous driving. Driving offences

© Cambridge University Press 2017 Offences involving some act of public disturbance, including: obscene or indecent behaviour possessing certain weapons in public obstructing traffic damaging public property affray (public brawling) or rioting. Public order offences

© Cambridge University Press 2017 A crime can still be committed even if the final act is not completed. These preliminary crimes include attempts and conspiracy. Penalties for preliminary crimes can be as high as if the crime itself was carried out. Preliminary offences

© Cambridge University Press 2017 Regulatory offences These are usually set out in delegated legislation and carry lower penalties. Examples include: breaching water restrictions ignoring fire restrictions environmental offences public transport offences breach of occupational health and safety standards.

© Cambridge University Press 2017 Summary offences are less severe offences heard and sentenced by a magistrate, without a jury. Indictable offences are more serious, and can be heard by a judge and a jury. The characteristics of each type are summarised in the table in the next slide. Summary and indictable offences

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© Cambridge University Press 2017 The law recognises that there can sometimes be more than one party to a crime, including: principal in the first degree – person committing the main criminal act principal in the second degree – present at the scene, assists or encourages the main offender Parties to a crime

© Cambridge University Press 2017 accessory before the fact – person who helps plan or prepare for the crime before the main act accessory after the fact – person who assists the principal after the crime has been committed. Parties to a crime

© Cambridge University Press 2017 Some of the main factors affecting criminal behaviour include: psychological factors social factors economic factors political factors self-interest. Factors affecting criminal behaviour

© Cambridge University Press 2017 The role of genetics in criminal behaviour has been largely discredited in favour of the other factors. Situational crime prevention aims to make it more difficult to commit a crime or remove the reward of temptation in specific situations for example, putting up warning signs, improving alarms or security, changing lighting or adding colour tags. Factors affecting criminal behaviour

© Cambridge University Press 2017 Social crime prevention aims to address the wider socio-economic factors that contribute to criminal activity for example, improving the home environment, reducing social and economic disadvantage or running targeted youth programs. Factors affecting criminal behaviour

© Cambridge University Press 2017 The author and publisher wish to thank the following sources for permission to reproduce material: Images: Shutterstock – 2016 Used under license from Shutterstock.com, Gina Buliga /slide 1 Shutterstock.com, frank_peters /slide 3 Shutterstock.com, ChameleonsEye /slide 13 Shutterstock.comGina Buliga Shutterstock.com frank_petersShutterstock.comChameleonsEye Every effort has been made to trace and acknowledge copyright. The publisher apologises for any accidental infringement and welcomes information that would redress this situation.