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Transcript of HSC Crime
Nature of crime
1. nature of crime
type of questions
3. the trial
4. sentencing & punishment
5. young offenders
6. international crime
5 items to study:
age of criminal responsibility
the rights of children when questioned or arrested
Children’s Court – procedures and operation
penalties for children
alternatives to court
6 items to study
categories of international crime, including:
crimes against the international community
dealing with international crime:
domestic and international measures
Lots of "dots" for this part! a complex and controversial aspect of our system
statutory and judicial guidelines
the purposes of punishment: deterrence (specific and general), retribution, rehabilitation, incapacitation
factors affecting a sentencing decision: aggravating and mitigating circumstances
the role of the victim in sentencing
types of penalties including: no conviction recorded, caution, fine, bond, suspended sentence, probation, criminal infringement notice, penalty units, community service order, home detention, periodic detention, forfeiture of assets, imprisonment, diversionary programs
alternative methods of sentencing including circle sentencing, restorative justice
11 items to study
the adversary system
legal personnel: magistrate, judge, police prosecutor, Director of Public Prosecution, Public Defenders
pleas, charge negotiation
legal representation, including legal aid
burden and standard of proof
use of evidence, including witnesses
defences to criminal charges:
partial defences to murder
the role of juries, including verdicts
6 items to study
investigating crime: gathering evidence, use of technology, search and seizure, use of warrants
arrest and charge, summons, warrants
bail or remand
detention and interrogation, rights of suspects
9 items to study
the meaning of crime
the elements of crime: actus reus, mens rea
strict liability offences
categories of crime includingoffences against the person, offences against the sovereign, economic offences (property/white collar/computer), drug offences, driving offences, public order offences, preliminary crimes (attempts and conspiracy)
summary and indictable offences
parties to a crime including principal in the first degree, principal in the second degree, accessory before the fact, accessory after the fact
factors affecting criminal behaviour
crime prevention: situational and social
4 elements to the definition: an act/omission, harmful to all of society, enforced by society (police) and punished by society (courts).
Actus reus - the physical action of the crime as opposed to the intent. It is connected to the concept of causation = the act must have caused the injury in question.
Actus reus for different crimes can be read in the leglsiation e.g. Crimes Act 1900 NSW http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/
Mens rea means the intent to cause harm * or in some crime the lack of care, e.g. negligent driving). It does NOT mean guilty conscience.
find the AR and MR for murder,
have a look at other offences. It's not always clearly explained. Judges know it from previous cases but in many laws t will seem like common sense to you.
strict liability means the offender guilty just by doing the act. It's not necessary to prove they had any intent. It's easier and faster to convict the offender - but it's only applicable to minor offences like sspeeding, train tickets etc.
If you want to make an early start look the meanings of terms in this section. Copy paste this into a word docoment. Have a look at the main headings of the Crimes Act 1900 NSW here: http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/
Make some brief notes on the headings listed in the dot points after referring to the Crimes Act.
Use the Revision quiz from class/email/moodle;
fill in the gaps after looking at this or use the words from the bottom of the page;
practise with the questions at the end of the quiz;
look at past papers (trials are on the student share drive).
Good luck :)