an act or omission, against the community, made punishable by the state.
State v accused · protects society · proof beyond reasonable doubt · punishment
Plaintiff v defendant · disputes between individuals · balance of probabilities · remedy
The guilty ACT — the voluntary physical act or omission.
The guilty MIND — the intention/state of mind.
Memory hook: ACTus reus = the ACT · MENs rea = the MENtality.
Parents relied on homeopathy and withheld conventional medicine as their infant's eczema turned fatal. Convicted of manslaughter by criminal negligence — a gross breach of their duty of care.
Links: mens rea (negligence) · duty of care · involuntary manslaughter.
Trade-off: efficiency & equality before the law vs a lower proof threshold.
The prosecution must prove the accused's act substantially caused the result — an unbroken chain of causation.
A single punch → the victim fell and died. No intent to kill, but the unlawful assault was the substantial cause of death → manslaughter.
Homicide, assault, sexual assault
Treason, sedition, terrorism
Property, white-collar, computer
Use→supply; speeding, drink-driving
Affray, offensive conduct, knives
Attempt, conspiracy
Max penalty: Life (Crimes Act 1900 s 18). Prove one mental state with the act:
Voluntary (partial defence) · Involuntary (reckless/negligent) · Constructive (during unlawful act)
Biological mother, child <12 months, mind disturbed by birth (e.g. post-natal depression)
The 2001 s 61JA reform followed the Sydney gang rapes — a key law-reform example.
Levying war against the state, aiding an enemy, or harming the head of state.
Promoting hatred/discontent against the government — concerns revived in modern anti-terror law.
Unlawful force with a political/ideological motive to intimidate the public.
Legislation: Terrorism (Police Powers) Act 2002 (NSW); Criminal Code Act 1995 (Cth).
Larceny (theft, 5 yrs) · Robbery = larceny + force · Break & enter
Embezzlement · Tax evasion · Insider trading · Fraud & computer crime
Identity fraud costs Australia ~$1.6 billion a year (AFP).
Use · possession · cultivation · supply · trafficking. Suppliers & traffickers face far harsher penalties — the community-wide harm of supply.
12 yrs 6 mths for supplying cocaine worth >$10m. Drug Misuse and Trafficking Act 1985 (NSW).
Often strict liability — speeding, mobile use, drink/drug driving, unlicensed. Fines, licence loss, or imprisonment. Road Transport Act 2013 (NSW).
Offensive conduct/language, affray, custody of a knife in public without reasonable excuse. Summary Offences Act 1988 (NSW). Police "move-on" powers → discretion.
Minor · magistrate · Local Court · no jury
Serious · judge & jury · District/Supreme
Preliminary: attempt (beyond preparation) & conspiracy (the agreement itself is the crime).
Poverty, unemployment, disadvantage, education
Mental illness, upbringing, peer pressure, substance abuse
Self-interest, greed, availability of a target
No single cause — factors interact.
Remove the opportunity — CCTV, lighting, locks, guards. Fast, but can displace crime.
Fix the causes — education, jobs, early intervention. Slow, but tackles the roots.
Discuss: where should limited public money go?