Types of Crime
What is a summary offence?
A minor offence dealt with in the Local Court by a magistrate.
Name one right a person has when being arrested.
The right to remain silent.
This party in a criminal trial must prove the case against the accused.
Who is the prosecution?
What are the main two purposes of punishment?
What is rehabilitation and retribution.
In NSW, a child can first be held criminally responsible at this age.
What is 10 years old?
Explain the main difference between a summary offence and an indictable offence in terms of how they are heard.
Summary offences are heard in the Local Court by a magistrate; indictable offences are heard in higher courts (District/Supreme) and may involve a jury.
Explain what “reasonable suspicion” means for police when stopping and searching a person.
Police must have factual, objective grounds—not a vague hunch—indicating the person may be involved in criminal activity.
This standard of proof requires the jury to be almost certain of the accused’s guilt.
What is beyond reasonable doubt?
These factors make a crime more serious and can lead to a harsher penalty.
What are aggravating factors?
This legal principle presumes children aged 10–13 cannot fully understand that their actions are criminal unless proven otherwise.
What is doli incapax?
Why are offences like murder and armed robbery classified as indictable?
They carry serious consequences, involve significant harm to society or individuals, and require higher safeguards (jury, judge, more complex procedure).
Under what circumstances can police conduct a search without a warrant?
If they reasonably suspect a person possesses drugs, weapons, stolen goods, or is in a public place where an offence is happening.
This principle protects individuals by requiring that everyone charged with a crime be treated as innocent until proven guilty.
What is the presumption of innocence?
These two terms describe whether sentences run at the same time or one after another.
What are concurrent and cumulative sentences?
This NSW court deals with most matters involving young people aged 10–17.
What is the Children's Court?
Define “preliminary crime” and give an example.
A crime committed in preparation or attempt to commit another crime; e.g., conspiracy to commit fraud.
Why do police need a warrant to search a home, and what must the warrant contain?
Because of the legal protection of privacy; warrants must specify the place, items sought, and the lawful authority under which police may search.
This person controls the courtroom, rules on evidence, and guides the jury on matters of law.
Who is the judge?
This part of a prison sentence is the minimum time an offender must serve before they can request supervised release.
What is the non-parole period?
This is the first and least serious response police may give to a young person who commits a minor offence.
A Warning
Explain how economic crimes differ from white-collar crimes, even though both relate to financial gain.
Economic crimes can include broad societal financial harm (e.g., welfare fraud, tax evasion), whereas white-collar crimes are committed by professionals abusing their position (e.g., embezzlement).
This type of crime involves offenders who use threats, intimidation, or violence to influence the community or government for ideological reasons.
terrorism
This type of evidence can be thrown out if police collected it unfairly or illegally.
What is inadmissible evidence?
This approach to justice focuses on repairing harm, giving victims a voice, and encouraging offenders to take responsibility.
What is restorative justice?
Police may choose one of these instead of charging a young person, to help them avoid getting a criminal record.
What is a caution?