The Nature of Crime
What is an offence against the person?
This type of crime is directed against a person, such as assault or murder.
What is a search warrant?
A legal document issued by a court or magistrate that authorises police to enter and search a specific place.
Who decides guilt in a criminal trial?
Jury
What is the sentence that aims to reforming the offender so they do not re-offend?
Rehabilitation
What is the minimum age of criminal responsibility in NSW?
10 Years Old
Give one example of a crime against humanity.
Genocide, Enslavement, Deportation, Extermination
Who is Chris Dawson?
This former teacher was convicted in 2022 for the 1982 murder of his wife Lynette, in a case where podcast journalism reignited public interest.
What is the Crimes Act 1900 (NSW)?
This Act is the principal statute for criminal law in NSW, setting out most major offences such as murder, assault, and sexual assault.
What is an offence against the state/society?
A crime that affects the entire community, such as drug trafficking or terrorism.
Explain what must happen after a suspect is arrested.
They must be informed of the reason for their arrest and their legal rights.
What is the standard of proof required in a criminal trial?
Beyond reasonable doubt
Name two alternative penalties to imprisonment.
Community Corrections Order
Fines
Name two diversionary measures available under the Young Offenders Act 1997 (NSW).
Warnings
Cautions
Youth Justice Conference
What is the role of the International Criminal Court?
Prosecute individuals for international crimes like genocide, war crimes, and crimes against humanity.
What was the Sydney Siege (Man Monis)?
This 2014 incident involved a gunman holding hostages at the Lindt Café in Sydney, raising legal questions about bail laws and counter-terrorism powers.
What is the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA)?
This legislation governs the powers of NSW police, including arrest, detention, search, and seizure.
What are mens rea and actus reus?
Mens Rea = guilty mind
Actus Reus = guilty act
Identify two pieces of legislation that regulate police powers in NSW.
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Bail Act 2013 (NSW)
What is cross-examination?
allows the defence to challenge the prosecution’s evidence through questioning witnesses, aiming to test credibility and reliability.
What is the different between a concurrent sentence and a cumulative sentence?
Concurrent = multiple sentences served at the same time
Cumulative = sentences served one after the other
Explain the principle of doli incapax.
The presumption that children aged 10–14 cannot form criminal intent unless proven otherwise.
What is the difference between crimes against humanity and war crimes?
Crimes Against Humanity = Widespread or systematic attacks directed against civilians, committed as part of a state or organisational policy.
War Crimes = Serious breaches of the laws and customs of war (international humanitarian law), committed during an armed conflict.
Who is Robert Xie?
This man was convicted in 2017 of murdering five members of his wife’s family in North Epping, NSW. His trial highlighted the role of circumstantial forensic evidence.
What is the Evidence Act 1995 (NSW)?
This statute outlines how evidence is admitted or excluded in NSW criminal trials, including discretionary powers under sections 135–138.
What is the difference between summary and indictable offences?
Summary = less serious crime that is heard in the Local Court by a magistrate
Indictable = more serious crimes that are heard in District or Supreme Court
What are the rights of a suspect during questioning? (6 Rights)
Right to Silence
Right to a Lawyer
Right to be Informed
Right to Lawful Treatment
Right to a Recorded Interview
Right to Bail or Release
What is the purpose of a committal hearing?
for a magistrate to determine if there is enough evidence to send a case for a serious indictable offense to a higher court (District or Supreme Court) for trial
What is a Community Correction Order (CCO)? What legislation is it contained in?
Introduced under the Crimes (Sentencing Procedure) Act 1999 (NSW), allows an offender to avoid imprisonment by serving their sentence in the community under strict supervision and conditions.
Identify one case or example where a young offender received a custodial sentence, and explain why this outcome was chosen.
R v GDP (1991), where a 14-year-old caused $550,000 worth of property damage and was sentenced to 12 months detention because of the seriousness of the offence.
What is the Rome Statute?
The treaty in 2002 that created the ICC and entered it into force.
Who is Kathleen Folbigg?
This woman was convicted in 2003 for the deaths of her four children but was pardoned in 2023 after an inquiry found new genetic evidence (CALM2 mutation) that undermined the prosecution’s case.
What legislation and section contains the purposes of sentencing?
s 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW) sets out this guiding framework that judges must consider when imposing penalties, including deterrence, rehabilitation, and denunciation.
What is the difference between situational crime prevention and social crime prevention? Provide an example for each.
Situational = focuses on reducing opportunities for crime, involves physical or environmental changes, aims to make crime more difficult. E.G. Installing CCTV cameras.
Social = focuses on addressing social and economic factors that lead to crime, targets long term change, aims to reduce the motivation or need to commit crime. E.G. Youth Mentoring Program
What is detention for the purpose of investigation?
This discretionary power under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) allows police to detain and question a suspect without charge for up to four hours (extendable to 8 with a warrant).
What is the hearsay rule within a criminal trial? Provide an example.
Prohibits evidence of a previous out-of-court statement offered to prove the truth of the statement's content.
For example, it prevents a witness from testifying, "My friend told me that the defendant confessed" = that is hearsay
Ben murdered Robyn.
What is the maximum penalty for this offence and what legislation is this contained in?
Life Imprisonment (25 years)
Contained in section 19A of the Crimes Act 1900 (NSW).
What is a youth justice conference? What legislation is it contained in?
Diversionary measure under the Young Offenders Act 1997 (NSW) requires the young person, their family, the victim, and police to meet and agree on an outcome plan aimed at repairing harm and addressing the offence.
Identify one recent example of an international crime prosecuted before the ICC and explain the outcome.
Thomas Lubanga Dyilo (2012), convicted of conscripting child soldiers in the DRC and sentenced to 14 years imprisonment.
What is the Blessington case?
This 1994 case saw two teenagers sentenced to life imprisonment for the murder of Janine Balding. It became a controversial test of sentencing principles for young offenders.
What legislation and section set out the principle that children have rights equal to adults and should be dealt with differently in recognition of their vulnerability and immaturity
Under s 5 of the Children (Criminal Proceedings) Act 1987 (NSW), the law confirms this principle of juvenile justice, reflecting Australia’s obligations under the Convention on the Rights of the Child.
What is intention to kill or cause grievous bodily harm? What case was this precedent set?
This specific mens rea element must be proven in cases of murder under s 18 of the Crimes Act 1900 (NSW)
Clarified in R v Munter (2009) regarding the accused’s state of mind at the time of the offence.
What is R v Swaffield (1998)? What key legislation was applied?
This High Court case limited the admissibility of evidence obtained after police deliberately breached procedural fairness during an interrogation.
Reinforcing the court’s discretion under s 138 of the Evidence Act 1995 (NSW).
What is R v Alexander (1981)?
This High Court case established that a trial judge must direct the jury on the dangers of unreliable evidence such as accomplice testimony or prison informants, reinforcing the principle of a fair trial.
What is a continued detention order (CDO)? What legislation introduced this sentencing mechanism?
introduced by amendments to the Crimes (Sentencing Procedure) Act 1999 (NSW)
Allows judges to impose indefinite detention on offenders deemed a serious risk to the community, raising debate over balancing community protection and offenders’ rights.
What is Section 8 of the Young Offenders Act restrict?
Restricts the use of youth justice conferences and cautions for certain serious offences, reflecting the tension between rehabilitation and the need for deterrence.
What is the International Criminal Tribunal for the former Yugoslavia (ICTY)?
International tribunal, established by a UN Security Council Resolution in 1993, was the first since Nuremberg to prosecute war crimes and crimes against humanity, including the landmark prosecution of Tadić.
What is Monis v The Queen (2013)?
The High Court upheld sedition laws in this case, where the accused challenged the constitutionality of using postal service offences to prosecute incitement of violence. It later became significant in terrorism law reform.
What punishment is outlined in Division 104 of the Criminal Code Act 1995 (Cth)? When can this punishment be imposed?
Control Order - courts may impose this type of order on individuals suspected of terrorism-related activity, even if they have not been convicted of an offence.