HSC Legal Studies Crime

Summary:

This HSC Legal Studies Crime is an exceptional study resource for students preparing for the HSC Legal Studies course. Authored by a high-achieving student who received an impressive ATAR of 93.85 and a remarkable mark of 95 in HSC Legal Studies, these notes provide detailed coverage of the entire Crime topic. Spanning an extensive 49 pages, the notes encompass various materials, including theory, legislation, reforms, media articles, cases, and international instruments.

The notes offer in-depth coverage of essential aspects such as criminal law, the criminal justice system, sentencing, and legal responses to crime. By including legislation, reforms, and international instruments, these notes provide a comprehensive understanding of the legal framework surrounding crime. Moreover, including media articles and cases enhances the practical application of legal principles to real-world scenarios.

Excerpt:

HSC Legal Studies Crime

1. The nature of the crime

• The meaning of crime
• Crime – An act or omission against society that is punishable by the state
• Society expects that the law will protect them and punish those who challenge the stability and safety of society
• Crimes should reflect moral and ethical judgments and views of society
• The law provides for the state to take action against the accused

• The elements of the crime: actus reus, men’s rea
• Actus reus – ‘Guilty Act’ (the physical act of committing the crime). This can include a failure to act
• Mens Rea – ‘Guilty Mind’ (intention or mental state of the offender)
  • Knowingly/ With intent – premeditated crimes
  • Reckless indifference – knows there are risks but carries on anyways
  • Negligence – the person failed to see or consider what a reasonable person in their position should have considered or foreseen
• Strict Liability Offences
• An offence where men’s rea does not need to be proved, only actus reus
• Lower the level of proof required, therefore are restricted to only minor offences such as speeding or parking fines
• Defence, in some cases, can prove it was an ‘honest and reasonable mistake
• Causation
• Causation – Link between the act or failure to act and the harm resulting or damage done
  • ‘Novus actus interventions is the defence that argues there was an intervening act that broke the chain of causation