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CATEGORIES OF

CRIME
Categories of crime
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
Offences against the person
Homicide committed when a person has
unlawfully been killed.

There are four situations where homicide is
said to have been committed:
Murder
Manslaughter
Infanticide
Death by reckless driving
Homicide: Murder
In order to gain a conviction it must be proved
that one of the following acts took place:
There was a deliberate act to kill
There was a deliberate act to cause serious
harm, during which death occurred
There was a reckless indifference to human life,
resulting in death.
A death occurred during the commission of a
serious crime
Homicide: Murder

The act of reckless indifference is the hardest
for prosecutors to prove, because it must be
shown that the accused knew that it was likely
that their actions would result in death.

Maximum penalty in NSW penal servitude
for life or life imprisonment
Homicide: Manslaughter
Manslaughter is unlawful killing but the accused is
not charged with murder because they have a
defence for their actions.

Two types:
Involuntary occurs where death occurs but the
accused did not have the mental intent to cause the
death
Voluntary Where the accused did cause death but
mitigating circumstances (lessen) exist.

Maximum penalty in NSW up to 25 years in gaol
Homicide: Infanticide

Involves a mother causing the death of a child
within its first 12 month of life.

The Crimes Act 1900 (NSW) requires the court
to take into account the mental state of the
mother when the homicide occurred.
Homicide: Death by reckless
driving

Homicide that arises when a person who is
driving a motor vehicle an inadvertently
causes the death of the person. This can occur
due to excessive speed, alcohol, distractions
and a person not using a seatbelt.
Assault

Defined as the threatened or actual application
of force, to another person

Aggravated assault is a more serious form
of threat than ordinary assault. This may be
because the threat was made with a deadly
weapon or with intent to rape, main, or murder.
Sexual assault
Sexual assault - the unlawful sexual contact
by the person on another person without their
consent.

Maximum penalty up to 14 years, although
harsher penalties are available.

Aggravated sexual assault the more
severe of sexual assaults and occurs when
there is a high degree of violence, where the
victim is younger than 16 or has a disability.
Offences against the sovereign
These are offences in which the accused is
targeting the State (government). The offences
are defined as crimes to protect the State
because of the importance of a stable
government.

Offences against the state are extremely serious
and include:
Treason activities that undermine the government
by passing on information to other governments e.g.
Spying
Sedition the inciting of public unrest with the aim of
bringing down the government e.g. a coup
Economic offences

Also known as white collar or property crimes.
There are a wide range of economic offences
but are classified according to those two
headings.

Refer to the hand out.
Drug offences

In Australia and NSW law treats drug addiction
as a crime rather than a medical problem.

There are many forms of drug related crime and
unfortunately there are often flow on effects from
drugs that result in other forms of crime.



Drug offences
In NSW four legislations cover most forms of drug
related crime.

They are:
Poisons Act 1966
Drug Misuse and Trafficking Act 1985
Police Powers (Drug Premises) Act 2001 sanctions for
those who own a drug producing premises or are seen in
or entering one
Police Powers (Internally Concealed Drugs) Act 2001 to
allow police to conduct an internal search via such means
as X-ray
Drug offences
At a federal level, drug related crimes are
covered by the Customs Act 1901

The main drug offences are:
Possession
Use
Possession of equipment for the use or the
manufacture of any illegal drugs
Importation of illegal drugs
Supply or possession for the purpose of
trafficking
Conspiracy

Driving offences
Many traffic offences are relatively minor. Most
are strict liability offences such as failure to
wear a seatbelt or parking infringements.
These offences attract a fixed penalty such as
a fine or loss of licence points or both. There
are also a range of very serious traffic
offences, they include:
Reckless driving occasioning death
Negligent driving
Driving under the influence (DUI) or drugs or
alcohol
Public order offences
These offences are designed to regulate the
behaviour of people in public and enable
people to move about in society without the
fear of violence or abuse. Public order
offences can range in seriousness from very
minor to very serious. Examples of everyday
public offences include:
Offensive language
Graffiti
Drunk AND disorderly conduct (being drunk itself
is not an offence)
Preliminary offences
Preliminary offences are those that the crime has not
been committed they can still be held criminally
responsible. These include:
Attempt occurs when the accused has the intent to,
and tries to, commit a crime but stopped, or fails, in the
commission of it
Conspiracy when two or more people make an
agreement to conduct a crime. To prove someone guilty,
evidence of the planning of the crime must be gathered
(phone tapping, diaries, emails etc).
Incitement this is an offence where a person is asked
or incited to commit a crime even if the request is ignored
(e.g. a hit man)

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