Legal Studies Notes on Crime

Topics: Criminal law, Crime, Causality Pages: 2 (422 words) Published: March 16, 2013
Legal Studies HSC Notes
PART 1: Crime
The Nature of Crime
The meaning of crime
Crime: a punishable act that is seen as a danger to the society and is ethically and morally wrong. Elements of a crime: It must be proven that an accused intended to commit and committed the crime for them to be found guilty. Mens Rea: (Gulity Mind) a person’s intention to commit crime. The prosecution must prove that accused was aware of his actions. Actus Reus: (Guilty Act) a person’s physical action out taken to commit the crime. It must be proven. Causation: Besides the crime taking place, prosecution must show link between the act and harm caused. Classifying Crime

Indictable Offence: Serious crimes such as murder & serious sexual assault. There are more steps to criminal process including committal hearing to ensure there is sufficient evidence. Penalty can result in life sentence. Summary Offences: Less serious charges, such as drink driving, petty crimes. It is heard by a magistrate in a local court usually. Penalty is usually a summon or a charge up to 2 years of imprisonment. Offences against persons: Main aim of crime is to cause harm to others. Three main categories are: Homicide, Sexual Assault, and Assault. Four types of Homicide:

Murder – To gain conviction it has to be proven that the act was deliberate to cause harm, which occurred in death. Another aspect is ‘constructive murder which is death caused during a serious crime e.g. Bank robbery Reckless Indifference – prosecutors have to prove that the accused know his actions would have caused death. Manslaughter – Unlawfully killing a person but the accused has a defence. Maximum penalty is 25years. 2 types of manslaughter: Voluntary – provoked or mentally unstable when they caused death. Involuntary – the accused unintended to cause death. Infanticide – A mother causing death to their child within the first 12 months of birth. Mentally Unstable, Post Natal Depression. Death by reckless driving –...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Essay about Legal Studies Crime Notes
  • legal studies Essay
  • Legal Studies Year 12, Crime Essay
  • The Nature of Crime- Legal Studies Essay
  • Crime Summary: Legal Studies Essay
  • Legal Studies Crime Essay
  • Essay about Natural Crime and Legal Crime
  • Legal Characteristics of a Crime Essay

Become a StudyMode Member

Sign Up - It's Free