HSC Legal Studies. Year 2016 Mark Pages 33 Published Feb 7, Legal- Crime Notes. By Annabelle (97.35 ATAR)

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1 HSC Legal Studies Year 2016 Mark Pages 33 Published Feb 7, 2017 Legal- Crime Notes By Annabelle (97.35 ATAR)

2 Powered by TCPDF ( Your notes author, Annabelle. Annabelle achieved an ATAR of in 2016 while attending Loreto Kirribilli Currently studying Bachelor of Commerce Liberal Studies at The University of Sydney Achievements: Premiers award for Distinguished Achievers Award for Achievement in General Mathematics 2016 Award for Achievement in English Advanced 2015 Award for Achievement in Business Studies 2016 Award for Achievement in Geography 2016 Award for Achievement in Legal Studies 2016 Annabelle says: Dedicated and enthusiastic individual with exemplary attention to detail. I received an ATAR of in 2016 and studied Legal studies, Advanced English, Business Studies, Geography, Studies of Religion 1U and General Maths. I provide comprehensive, colour coordinated notes and example essays/short answers that are made to fulfil exam requirements at band 6 level.

3 LEGAL STUDIES CRIME Nature of Crime Meaning of Crime Crime is an act or an omission of a duty against the community that is punishable by law. Crime is a wrong against the community. The legal characteristics of crime are: Must me an act or failure to act (on omission) which breaks the law. The act or omission must be seen as harmful to the whole community The act or omission is punishable by the state The moral and ethical values of society are expressed in the law and the legal processes that are associated with crime. Society dictates through the law: Which act will be classified as criminal How seriously offenders will be dealt with How any resources will be used to locate and prosecute those people associated with crime. Elements of Crime Before a person can be convicted of any crime 2 elements of crime need to be proven by the prosecution and these elements must be proven beyond reasonable doubt. 1. Actus Reus The guilty act- the prosecution must prove that the accused is the person that committed the guilty act or crime 2. Mens Rea The guilty mind- The prosecution must prove that the criminal actions of the accused were intentional. In the case He Kaw The V. R, Brendon J explained the operations of Mens Rea as an element on criminal offences. It is implied as an element of the offense that at the time when the persona commits the actus reus doe the physical act involved and knows the circumstances which make the doing of the act an offense. Strict Liabilities Offences that require no mens reus that is, no intension by the defendant is required. To commit the unlawful act is considered blame worthy, regardless of intent. The prosecution only has to prove the actus reus of a crime was completed by the defendant. In NSW drink driving is considered a strict liability offence. Defences of honest and reasonable mistake are available and sometimes successful. In DPP V Bine 2005 the accused was found not guilty of drink driving charges after convincing a magistrate that his beer had been spiked without his knowledge. The DPP appealed but eh magistrate was found to be justified in his decision. Causation Prosecution must prove that it was the actions of the accused that caused the crime and not some interfering act. In the Case R V Munter 2009, the accused Todd Munter, was charged with manslaughter after he punched 66year old Ken Procter over a dispute regarding water restrictions. Mr Procter fell to the ground after the punch and Mr Munter kicked him in the mid section with moderate force. Shortly afterwards Mr Procter died from a hear attack as a result of the blows inflicted upon him by Mr Munter. Although there was no apparent intension to murder Mr Procter it was deemed by the courts that Mr Procter's death was caused by the unlawful assault of the accused. Mr Munter was convicted of manslaughter and jailed for 3 years. Categories of Crime Offences Against the Person Offences against the person involves some form of injustice to an individual. Most crimes against the person are listed in the Crimes act 1900 NSW. Such offences can be broken down into 2 categories: Homicide This is the unlawful killing of one person by another. Unlawful homicide is found in 4 situations 1. Murder 2. Manslaughter 3. Infanticide 4. Death by reckless driving The exceptions to this rule can be found in the following:

4 LEGAL STUDIES When a person takes a life because s/he is lawfully ordered to do so (solider in war) Using reasonable force to enforce law (police officer stopping crime) Defending ones self (using only necessary force for that purpose) Murder Murder is defined in section 18 (1a) of the crimes act 1900 NSW As the following; " the act of the accused or the thing done by him/her omitted to be done by causing the death charged was done or mitted with reckless indifference for human life or with the intent to kill or inflict grievous bodily harm upon some person or done in an attempt to commit or during or immediately after the omission, by the accused or accomplice of a crime punishable by imprisonment for life or 25 years" There are therefor 4 identifiable basis of liability of murder: Intent to kill Intent to inflict grievous bodily harm Reckless indifference to human life The commission of a crime punishable by life imprisonment or imprisonment for 25 years. (s19. Crimes act 1900) Murder has been described as the most serious offence in the criminal calendar (R V Penisini, 2003 and R V. Dalley 2005). Manslaughter Crimes act 1900 does not define manslaughter except to provide that is comprised all unlawful homicides other then murder, Section 18 (1B). There are only 2 categories of manslaughter at common law: Manslaughter by unlawful and dangerous act Manslaughter by criminal negligence. They are referred to as forms of "involuntary manslaughter" Under the crimes act there are 3 statutory categories of manslaughter: 1. Reduction of murder to manslaughter by reason of provocation Section Substantial impairment Section 23 A 3. Excessive self defence Section 421 The first 2 are referred as forms of "voluntary manslaughter", the 3rd category may or may not be described that way depending upon weather the fact finder accept the presence of an intent to kill or cause grievous bodily harm Ward V. R 2006 Infanticide Section 22A of the crimes act provides that where a mother causes the death of her child within that first 12 months after births "balance of her mind not having fully recovered from the effect of giving birth to the child, a jury may find her guilty of infanticide". In R V. Cooper 2001 the offender received a 4 year good behaviour bond for the infanticide of her 7 month old daughter. In another case the article Mum Guilty of Infanticide (Herald Sun 2014) a mum who killed one of her twin bay girls and left the other severely disabled will not spend any time in jail. The women 39 plead guilty to infanticide over the death of her 8 week old daughter and recklessly causing sever injury to her babies sister. Death By Reckless Driving While the driver may not have intended to cause the death of wither pedestrians or a person in a vehicle the critical factor is other related factors such as whether the driver was under the influence of drugs or alcohol or was driving at a high speed. A conviction can carry a sentence of up to 10 years imprisonment Assault Assault is defined as causing or threatening to cause physical harm to another person there are a range of forms of assault: Aggravated assault The crimes act provides a range of offences known as aggravated assault, they include: Intending serious harm

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