Chapter 1
The nature of crime
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.
The nature and meaning of crime
• 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 and meaning of crime
• Many factors contribute to what that a 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 and meaning of crime
Crimes are constantly changing:
•
crimes can become outdated and
may be abolished, like the former
crimes of witchcraft or being a
‘common scold’
•
new crimes are also created as
society develops, like the newer
offences of computer hacking or
sending spam.
The nature and meaning of crime
• 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 and meaning of crime
• 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.
• 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.
Elements of crime
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’).
Generally, this requires that the act was voluntary, and that
it was either fully intended, reckless or criminally negligent.
Causation
• A causal link needs to be established between
the accused and the act they are accused of.
• 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?
Strict liability offences
• Strict liability offences do not require mens rea to
be proved – it is enough to show only that the
offender committed the act.
Strict liability offences
• Because this approach
dramatically lowers the level
of proof required, these
offences are restricted to
minor offences, e.g.
speeding offences.
• In most cases, a defence of
‘honest and reasonable
mistake’ is still available.
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.
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.
Type of offence
Examples
Offences against the person
Homicide, assault, sexual assault
Offences against the sovereign
Treason, sedition
Economic offences
Property offences, white-collar crime,
computer offences
Drug offences
Trafficking, possession, use
Driving offences
Speeding, drink driving, negligent driving
Public order offences
Offensive conduct, obstructing traffic,
affray, bomb hoaxes
Preliminary offences
Attempts, conspiracy
Regulatory offences
Breach of water restrictions, fire
restrictions or public transport rules
Offences against the person
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 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.
Economic offences
Broad category of crimes involving interference with
another person’s property, usually 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.
Drug offences
Offences involving
prohibited or restricted
drugs, including:
• cultivation and production
• transport, supply and trade
(trafficking)
• possession.
Driving offences
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.
Public order offences
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.
Preliminary crimes
• 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.
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.
Summary and indictable offences
• 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 offence
Indictable offence
• a less serious offence that is tried by a
• a more serious offence (such as murder,
magistrate in the Local Court
rape or robbery) tried by a judge and jury
• the judgment and punishment are
• the judgment is determined by a jury and
determined by a magistrate
the punishment is determined by the judge
• the charge is usually laid by a police officer
• the charge is brought by a public prosecutor
or government officer
working for the state
• punishment is usually less severe, like a
• the punishment will usually result in
fine or good behaviour bond
imprisonment or a hefty fine
Parties to a crime
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 – person present at the scene
who assists or encourages the main offender
• 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.
Factors affecting criminal behaviour
Some of the main factors affecting criminal behaviour
include:
• psychological factors
• social factors
• economic factors
• political factors
• self-interest.
The role of genetics in criminal behaviour has been
largely discredited in favour of the other factors.
Factors affecting criminal behaviour
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
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.