HSC: Crime (Core)

Principal focus: Through the use of a range of contemporary examples,

students investigate criminal law, processes and institutions and the tension
between community interests and individual rights and freedoms.

Themes and challenges to be incorporated throughout this topic:

● the role of discretion in the criminal justice system

● issues of compliance and non-compliance in regard to criminal law
● the extent to which law reflects moral and ethical standards
● the role of law reform in the criminal justice system
● the extent to which the law balances the rights of victims, offenders and society
● the effectiveness of legal and non-legal measures in achieving justice.

Students learn about: Students learn to:

1. The nature of crime

● the meaning of crime

● describe the nature of crime
● the elements of crime: actus reus, mens rea
● strict liability offences
● causation ● recognise the different categories of crime
● categories of crime including
offences against the person, offences against
the sovereign, economic offences
(property/white collar/computer), drug offences,
driving offences, public order offences,
preliminary crimes (attempts and conspiracy)

● summary and indictable offences ● define summary and indictable offences

● parties to a crime including principal in the
first degree, principal in the second degree,
● examine a range of factors that may lead to
accessory before the fact, accessory after
criminal behaviour
the fact
● factors affecting criminal behaviour
● investigate a range of situational and social
● crime prevention: situational and social crime prevention techniques

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 Remember: The criminal justice system (CJS)
comprises of CIP, CTP and Sentencing
2. The criminal investigation process (CIP)
● police powers
● reporting crime
● investigating crime: gathering evidence, use
of technology, search and seizure, use of
warrants
● arrest and charge, summons, warrants
● bail or remand
● detention and interrogation, rights of suspects
3. Criminal trial process (CTP)
● court jurisdiction
● the adversary system
● legal personnel: magistrate, judge, police
prosecutor, Director of Public Prosecution,
Public Defenders
● pleas, charge negotiation
● legal representation, including legal aid
● burden and standard of proof
● use of evidence, including witnesses
● defences to criminal charges:
– complete defences
– partial defences to murder
● the role of juries, including verdicts
4. Sentencing and punishment
● statutory and judicial guidelines
● the purposes of punishment:
deterrence (specific and general),
retribution, rehabilitation, incapacitation
● factors affecting a sentencing decision:
aggravating and mitigating circumstances
● the role of the victim in sentencing
● appeals
● types of penalties including: no conviction
recorded, caution, fine, bond, suspended
sentence, probation, criminal infringement
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● discuss the powers of police in the criminal
process
● examine the reporting and investigating of
crime
● assess the effectiveness of the criminal
investigation process as a means of
achieving justice
● describe the role of courts in the criminal
justice process
● discuss the use of the adversary system as
a means of achieving justice
● examine the role of legal representation in the
criminal trial
● assess the use of defences to criminal
charges in achieving justice
● evaluate the effectiveness of the jury system
in the criminal trial
● assess the effectiveness of the criminal trial
process as a means of achieving justice
● discuss factors that affect sentencing
decisions, including the purposes of
punishment and the role of the victim
● evaluate the effectiveness of different types of
penalties, including diversionary programs
HSC Crime
 notice, penalty units, community service
order, home detention, periodic detention,
forfeiture of assets, imprisonment,
diversionary programs
● alternative methods of sentencing including
circle sentencing, restorative justice
● post-sentencing considerations, including
security classification, protective custody,
parole, preventative detention, continued
detention, sexual offenders registration,
deportation
5. Young offenders
● age of criminal responsibility
● the rights of children when questioned or
arrested
● Children’s Court – procedures and operation
● penalties for children
● alternatives to court
6. International crime
● categories of international crime, including:
– crimes against the international
community
– transnational crimes
● dealing with international crime:
– domestic and international measures
limitations.
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● assess the roles of alternative methods
of sentencing
● examine the implications of post-sentencing
considerations in achieving justice
● evaluate the effectiveness of sentencing
and punishment as a means of achieving
justice
● discuss the issues surrounding the age of
criminal responsibility
● explain why young offenders are treated
differently in the criminal justice system
● assess the effectiveness of the criminal
justice system when dealing with young
offenders
● define international crime
● describe the various measures used to
deal with international crime
● evaluate the effectiveness of the domestic
and international legal systems in dealing
with international crime.
HSC Crime
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 Students learn about: Students learn to:

1. The nature of crime

● the meaning of crime

● describe the nature of crime
● the elements of crime: actus reus, mens rea
● strict liability offences
● causation ● recognise the different categories of crime
● categories of crime including
offences against the person, offences against
the sovereign, economic offences
(property/white collar/computer), drug offences,
driving offences, public order offences,
preliminary crimes (attempts and conspiracy)

● summary and indictable offences ● define summary and indictable offences

● parties to a crime including principal in the
first degree, principal in the second degree,
● examine a range of factors that may lead to
accessory before the fact, accessory after
criminal behaviour
the fact
● factors affecting criminal behaviour
● investigate a range of situational and social
● crime prevention: situational and social crime prevention techniques

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1.1 The meaning of crime
The term ‘crime’ is a broad term used to describe unlawful activities. A crime can include any
act or omission (see case laws below) that results in harm to society at large and is punishable
by the state, including the court system and the state or Commonwealth Bodies.

Case 1: R v Thomas Sam, R v Manju Sam (2009) - Thomas Sam, 42, and his

wife Manju, 37, were found guilty of the most serious case of manslaughter by criminal
negligence. The judge said their nine-month-old daughter Gloria had suffered
helplessly and unnecessarily from a treatable condition and sentenced the pair to a total of 10
years behind bars.

Case 2: Ebony (2009) - The offenders, SW and BW were the parents of a seven year
old girl known as Ebony. She had been diagnosed with autism, and died in November 2007 as
a result of starvation and neglect over a twenty month period. Several doctors who gave
evidence at the trial of her parents testified that Ebony suffered from the most severe case of
malnutrition they had ever seen. After a five-week trial, the girl’s mother SW was found guilty
of her murder and sentenced to life imprisonment and the girl’s father BW was found guilty of
manslaughter and sentenced to 16 years with a non- parole period of 12 years.

Case 3: R v McNeil [2015] - Shaun McNeil was a martial arts fighter. On NYE 2013,
McNeil, who was under the influence of alcohol, allegedly made an unprovoked assault on 18
year old Daniel Christie, punching him in the head (king hit). The punch is claimed to have
resulted in Daniel’s death. Initially, McNeil was charged with maliciously inflicting grievous
bodily harm but this was later upgraded to a charge of murder.

Case 4: R v Loveridge (2014) - where a similar assault resulted in the death of

Thomas Kelly in 2012, there was much public outcry to get tough on alcohol and drug fuelled
violence in Sydney. As a result of the McNeil case, the media named the punch a ‘coward
punch’ as a way to demean rather than glorify the act. In January 2014, the NSW State
Premier announced a number of reforms which included mandatory sentencing for alcohol and
drug fuelled offences. In June 2015, McNeil was cleared of murder but found guilty of
manslaughter. In August 2015, he was sentenced to a maximum of ten years in jail with a
non-parole period of seven and a half years.

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 Most crimes are the result of moral and ethical judgements by society about an individual’s
behaviour. When a person commits a crime, it is deemed to be committed against society, as well
as any victim of the act. The criminal act is seen as an attack on the ethical and moral standards of
society, so it is the responsibility of all to punish those found guilty.

Crime is a constantly evolving area of the law and new crimes are often created where none
existed before. The governments, courts and statutory bodies are constantly reviewing legislation
to ensure that it meets the expectations of the community and is as relevant as possible to our
rapidly developing and changing society. Criminal laws is particularly controversial because any
changes will have wide ranging effects on the rights and freedoms of all members of society. As a
result, there is often tension between the rights of the community and the rights of individuals in the
criminal justice system. Ensuring balance between these competing interests is vital in ensuring
that the public have confidence in criminal law and the institutions that implement them.

Criminal law is the area of law that deals with crime. Criminal actions can include crimes against a
person, the state and/or property. The law provides for the state to take legal action against an
accused that is to prosecute them in a court of law to achieve some type of punishment or
sanction. In a criminal trial the decision to prosecute the offender in court is made by a police
and/or the Director of Public Prosecutions (DPP) aka the Crown and the offender is known as the
defendant. The Crown must prove beyond a reasonable doubt that the defendant committed the
crime. The main statutory legislation is the Crimes Act 1900 (NSW).

1.2 Elements of crime

In order to gain a conviction the Crown must prove beyond a reasonable doubt that all
three elements of crime must be proven.

⮚ Mens rea – the accused intended to commit the crime “guilty mind”, and there
are three main levels of mens rea

1. Intention – a clear, malicious or wilful intention to commit the crime “I am going

to kill you”. (most difficult to prove)

2. Recklessness – accused was aware that their action could lead to a crime
being committed but chose to take the risk anyway. The prosecution will
attempt to prove that the risk was obvious to a reasonable person and although
the accused knew the risk they were taking, they didn’t care about the
consequences. (intermediate level)

3. Criminal negligence – accused fails to foresee the risk where they should
have and so allows the avoidable danger to occur, usually resulting in the harm
of death of another person i.e. drink driving (lowest level of intention).

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⮚ Actus rea – accused actually committed the crime “the action”. The prosecution must prove
that:

1. The accused actually carried out the act. Physical evidence and witness testimony can help

2. It was a voluntary act

1.3 Strict liability offences

These relate to minor offences. The prosecution needs to prove where the prosecution only
needs to prove that the accused carried out the act, and is not required to show that the mens
rea to commit the crime. Refer to textbook for another example in addition to driving offence.

For example, a speeding offence is a strict liability offence and as such the police do not need
to show that a person intended to break the speed limit (that is, had mens rea); they only have
to show that the person did so (committed the actus reus).

1.4 Causation – act or omission caused the harm (exempt in strict liability offences). The
prosecution must prove that there is sufficient causal link between the actions of the accused and
the result. This will often be relevant in proving the actus reus and requires the prosecution to
prove a substantial link between the act and the crime.

Case law: R v Blaue (1975) - After the victim refused the defendant’s sexual advances the
defendant stabbed the victim four times.  Whist the victim was admitted to hospital she required
medical treatment which involved a blood transfusion.  The victim was a Jehovah’s Witness whose
religious views precluded accepting a blood transfusion.  She was informed that without a blood
transfusion she would die but still refused to countenance treatment as a result of her religious
conviction.  The victim subsequently died and the defendant was charged with manslaughter by
way of diminished responsibility. The defendant appealed. The stab wound and not the girl’s
refusal to accept medical treatment was the operating cause of death.  The victim’s rejection of a
blood transfusion did not break the chain of causation.  The defendant must take their victim as

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 they find them and this includes the characteristics and beliefs of the victim and not just their
physical condition. 

Case law: R v Dean [2013] - In November, 2011, Roger Dean was a registered nurse at
the Quakers Hill Nursing Home. Dean had an addiction to prescription drugs and when he could no
longer afford to fund his habit he used his position in the nursing home to steal drugs. When an
audit reported a quantity of drugs were missing, Dean became anxious and attempted to divert
attention from the investigation by lighting a fire at the nursing home. The fire led to the death of
eleven elderly resident. Dean pleaded guilty to eleven counts of murder and eight counts of
causing grievous bodily harm. In sentencing Dean to eleven life sentences, the judge determined
that there were a number of factors that proved Dean’s criminal intent. He commented on Dean’s
‘reckless indifference’ towards the residents of the nursing home. Due to the vulnerability of the
residents and the difficulty that some would have face in evacuating the building, it is likely that
Dean would have understood that his actions had potentially life threatening consequences. The
judge also noted the gross abuse of trust afforded to him by his potion in the nursing home. In
2015, Roger Dean, attempted to appeal his sentence in 2015. Three Supreme Court judges
dismissed the claim unanimously on the grounds that Dean knew that there was a high probability
that the nursing home residents would die.

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 1.4 Categories of crime

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 1. Offences against the person
Type of offence Characteristics Case law /media

● Unlawful killing of another person i.e. deliberate and accidental acts of killings
● Varying degrees of mens rea applicable
Homicide ● Causation must be established between actions of the accused and the death of
the victim.
● Four main categories: murder, manslaughter, infanticide and dangerous driving
causing death

● Most serious type of homicide offence and punishable by life imprisonment. ● R v Dean [2013]
● Prosecution must prove at least one of the following:

Murder - Accused intended to deliberately kill the victim

- Accused set out to inflict serious bodily harm, which resulted in death
- Act done with reckless indifference
- Act was done while committing or attempting to commit another serious
crime

● Involves less intent and is punishable by up to 25 years imprisonment. ● Burns v The Queen [2012] – Burns
● A person can be charged with manslaughter where it cannot be proved that they was a participant in a methadone
intended to kill the person (mens rea) to the degree required for murder program. She made a business out of
● There are 3 types of manslaughter: selling meth to her friends and
Manslaughter acquaintances. On one occasion she
1. Voluntary – person kills with intent but there are mitigating factors i.e. sold it to a person who later died. The
provocation deceased had died as a result of using
2. Involuntary – killing was a result of reckless or negligent actions but without a drug combined with the meth
intention to kill the person. provided by Burns. She was convicted
3. Constructive – killing of a person while the accused was carrying out for manslaughter.
another dangerous/unlawful act. ● Manju Sam – baby eczema case.

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 ● Applies to death of a baby under the age of 12 months at the hands of the
Infanticide mother. It is a crime under S.22A Crimes Act 1900 (NSW)
● Crimes Act 1900 (NSW), requires the court to take into account the state of mind
of the mother at the time she committed the crime i.e. post-natal depression this
may serve as a mitigating factor.

● Another type of manslaughter

Dangerous driving ● Occurs when person drives in an unsafe and reckless way, such as under the
causing death influence or alcohol or drugs, or at excessive speed, and causes the death of
another person.
● Conviction carries a penalty of 10 years imprisonment. However, if the offence is
aggravated (use of violence, cruelty, weapons, victim was vulnerable, offender
abused trust of victim) may carry a harsher penalty of 14 years imprisonment.

● Causing or threatening to cause physical harm to another person.

Assault ● Physical harm – force is applied to another person’s body unlawfully and without
their consent
● Threat of physical harm – fear of immediate and unlawful violence e.g.
threatening phone calls, text messages, emails.
● Aggravated assault – is more serious as this is when the offender uses an
object other than their body. The only defence is if the other person consents i.e.
boxing match.

● Sexual contact with another person without their consent e.g. broader than rape ● R v AEM, R v KEM, R v MM [2002] -
● Crimes Act 1900 (NSW) – sexual assault includes where consent has been
Sexual offences withdrawn/given mistakenly (drunk/ drugged/duress), different sexual acts (oral/
penetration), unwanted sexual contact between spouses.
● Sexual assault penalty of 14 years can be extended to 20 years for aggravated
sexual assault
1) Aggravated sexual assault – the use of excessive violence; if the victim is
under 16 (and has not given consent); OR the victim has a serious
intellectual or physical disability.
● Aggravated sexual assault in company – most serious NSW offence,
introduced in 2001 following ‘gang rapes’

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 2. Offences against the sovereign
Type of offence Characteristics Case law /media

● This is a breach of allegiance to your country by causing harm to the

Treason leader or working with your country’s enemies to bring down the
government.
● The offence of treason is found under Crimes Act 1900 (NSW),
Criminal Code Act 1995 (Clth) and Crimes Act 1914 (Clth)
● Punishable by up to 25 years imprisonment in NSW or life imprisonment
(Commonwealth)

● promoting discontent, hatred or contempt against a government or ● Dr Haneef case is a good example of the
Sedition leader of the state through slanderous use of language; in Australia, use of the sedition laws at the time. Even
sedition includes the offences of urging force or violence against the though the anti-terrorism laws were
government created at the time to protect the needs
● This relates to anti-terrorism and the Anti-Terrosim Act (No 2) 2005 of society to feel safe as a result of the
(Clth) outlines the types of offences that are considered terrorist acts 9/11 attacks, it also infringed on the rights
● Criminal Code Act 1995 (Clth) also makes it a crime to urge another of individuals.
person to use force or violence i.e. overthrowing the government. These
offences are punishable by up to 7 years imprisonment.
● The ALRC made recommendations to remove the term sedition and
amend various elements of the offences and this was reflected in the
National Security Legislation Amendment Act 2010 (Clth)

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 3. Economic offences
Type of offence Characteristics Case law /media

● In NSW there are 3 main types:
Crimes against property
1) Larceny – known as ‘theft’, with shoplifting being the most
common. The offence is punishable by up to 5 years
imprisonment, depending on the type of larceny involved.
2) Robbery – most serious of larceny. If the robbery is
accompanied by the use of a weapon it is called ‘armed
robbery’ and carriers a higher sentence.
3) Break and enter – known as ‘burglary’, it is a serious
offence under Crimes Act 1900 (NSW).
● Krste Kovacevksi v R [2018] – Defendant had
been through a bitter divorce from his wife. In the
property settlement, the Federal Circuit Court
ordered Krste to leave his home and transfer the
title to his ex-wife. Krste was unhappy and set the
house on fire. He maintained that as the owner of
the house he cannot be guilty of the crime. He was
convicted under s.195 Crimes Act 1900 (NSW) of
intentionally destroying property. He was
sentenced to 2 years imprisonment with a
non-parole period of 6 months.

● Embezzlement – when a person steals money from a business ● “Northern beaches man embezzled $2.9 million
over a period of time while they are employed at that from super and investment funds” (SMH. 2020)
workplace. – Ross Hopkins was a fund manager and
● Tax evasion – fraudulently completing a tax return, elaborate embezzled $2.9 million from 13 clients. He
White collar crime tax avoidance schemes involving million of dollars/tax havens pleaded guilty to 15 dishonest conduct offences.
● Insider trading – a person with special knowledge of a Under increased penalties for offences since
company uses that knowledge to buy or sell shares March 2019, Hopkins faces jail time up to 15
years, a $9.9 million fine, or three times the money
misappropriated. He was sentenced to 6 years
imprisonment.

● Steven Oakes -

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 Economic offences continued
Type of offence Characteristics

● The Crimes Act 1900 (NSW) lists a number of computer offences, including unauthorised access to, modification or
Computer crimes impairment of restricted data, and more serious crimes, such as impairment of electronic communication or unauthorised
access or modification of restricted data with intent to commit a serious offence.
● The more serious computer crimes can incur a penalty of up to 10 years’ imprisonment.

● Fraud refers to deceitful or dishonest conduct carried out for personal gain. It is often an element of other offences, such
Fraud as fraudulent misappropriation, fraudulent personation or obtaining credit by fraud.
● Common types of fraud include identity theft, internet phishing (fraudulently posing as a legitimate website), or requesting
funds or account details by email under fraudulent pretences.
● Nigerian email scams or ATM skimming devices are two of the most well-known scams.

Drug crime ● Broad range of offences associated with the taking, possession, selling and trafficking of drugs.
● Covered by Commonwealth and state laws but in NSW, most offences are covered in the Drug Misuse & Trafficking
Act 1985 (NSW)
● When charged with possessing or supplying a prohibited drug, the quantity of the drug will, in part, determine the severity
of the offence.
● Large number of other offences also associated with drug addiction and drug-related crime e.g. many thefts, armed
robberies and break and enters, assaults
● There are several drug crime offences:

1. Possession of a prohibited drug - the drug must be in the accused’s custody or control, and the accused must
know about it; this offence includes shared ownership of the drug or simply minding the drug for another person.
2. Use of a prohibited drug – intentional consumption of a drug
3. Cultivation – growth and cultivation of a prohibited drug i.e. cannabis
4. Supply of a prohibited drug - this is a broad offence including offering or agreeing to supply, whether or not the
actual drug or money really changed hands; it can also include having drugs in your possession for the purpose of
supply, and single or multiple instances of supply.

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5. Driving offences
● Most commonly committed offences
● Dealt with administratively by issuing a fine/demerit points (resource efficient)
● More serious driving offences or challenges to fines result in a Magistrates Court case e.g. DUI cases, questioning a speed camera
photograph/calibration of the speed camera
● Most driving offences are strict liability offences in that actus reus is all that has to be proven, not mens rea
● Other, non-strict liability offences include dangerous driving occasioning death and driving in a manner dangerous to the public.

6. Public order offences

● Disrupt the activities of society
– indecent behaviour,
– offensive language,
– spitting,
– littering,
– offensive conduct/language while drunk,
– graffiti
– prostitution.

● Can be over-policed and have a disproportionate effect on:

– young persons,
– Indigenous Australians,
– people from particular minority groups such as migrants and persons who have a low socioeconomic status.
– Can lead to people becoming criminalised for minor conduct (ineffective)

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7. Preliminary offences
There are two broad categories:
1. Attempts - Is an offence to attempt to commit a criminal act e.g. attempted break, enter and steal, loitering with intent. The Crimes Act (1900) NSW
states that attempting to commit a crime is the same as actually succeeding in committing the act, an exception being made for attempted murder.

2. Conspiracy – exists when two or more people agree to commit a crime. The individuals can be charged even if the actual act was being planned never
took place.

- Agreement to act criminally = actus reus

- Planning = mens rea

Convictions for both attempts and conspiracy can be hard to obtain, as evidence is difficult to come by:
- Use phone taps, photographs and surveillance to gather evidence
- Crime reporting is important as it enables targetd prevention programs and policing – BOCSAR collect crime data in NSW which influences
government policy

8. Public order offences

● Disrupt the activities of society
– indecent behaviour,
– offensive language,
– spitting,
– littering,
– offensive conduct/language while drunk,
– graffiti
– prostitution.

● Can be over-policed and have a disproportionate effect on:

– young persons,
– Indigenous Australians,
– people from particular minority groups such as migrants and persons who have a low socioeconomic status.
– Can lead to people becoming criminalised for minor conduct (ineffective)

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 1.5 Summary and indictable offences
There are two main types of offences:

● Summary offences – are less serious and incurs a lesser penalty. They are usually
heard in the Local Court before a magistrate. Many summary offences are listed in the
Summary Offences Act 1988 (NSW).

● Indictable offences – serious offences heard in the District court or Supreme Court.
Initial hearing conducted in the Local Court for a committal hearing to determine prima
facie (whether there is enough evidence for the case to be heard in a higher court
hierarchy). The case is heard by a judge and if the offender pleads not guilty it will be a
trial by jury.

Case law: R v Ragg [2020] - Ragg and his partner – AP – had been in a on and off
relationship for 12 years. The relationship involved incidents of domestic violence, physical and
mental abuse and drug use. In October 2018, after his release from prison, Ragg and his partner
were involved in another argument. This argument took place in Ragg’s car the morning after they
have both stayed up all night using marijuana and ice. The arguments quickly turned violent with
Ragg cutting AP’s hair, punching her in the face and stabbing her legs with scissors. After an
attempted escape he poured diesel over her and tried to set her hair on fire. Later that day, Ragg
then accused AP of infidelity, and then committed a violent sexual act upon her, leaving her with
severe injuries. While being treated in hospital, AP, contacted Ragg, who threatened to shoot her
parents if she pressed charges against him. Ragg was arrest and charged with thirteen offences,
including common assault, intimidation, attempt to cause grievous bodily harm to a person with
intent and aggravated sexual assault. He also received an aggregate sentence of 24 years
imprisonment, with a non-parole period of 18 years.

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1.6 Parties to a crime

Principal offender is the person directly responsible for the

crime being carried out and is likely to receive the highest
Principal in the first degree sentence.

Example: A person who walks into a bank waving a gun, and

who demands and receives money, is guilty of armed robbery
as a principal in the first degree.

Person present at the crime and assisted the principal offender

to perform the offence. The sentence may be lesser depending
on the circumstances
Principal in the second
degree Example: the getaway driver at the scene of the armed robbery
is guilty of that offence as principal in the second degree, even
though he or she personally was not armed and did not rob
anyone.

Someone who helped the principal to plan the crime before the
crime was committed.

Accessory before the fact
Example: a person who gives the principal in the first degree a
gun in the knowledge that it will be used to commit an armed
robbery is guilty of being an accessory before the fact to armed
robbery if the principal in the first degree proceeds to commit
that crime.

Someone who assisted after the crime was committed

Example: A person who knows that an armed robbery has

Accessory after the fact been committed and buries the money in order to hide it for the
principal in the first degree is guilty of being an accessory after
the fact to armed robbery.

Case law: R v Stanford, Marcus [2016] - On the 5th April 2015, Vincent Stanford
sexually assaulted school teacher Stephanie Scott before he stabbed her to death. The case
received much publicity as the community of Leeton came to terms with the tragic and violent
nature of Stephanie’s death only a week from her wedding. Following the murder, Vincent made
contact with his twin mother Marcus saying that he would send him an envelope to keep safe.
This envelope contained Ms Scott’s drivers licence and jewellery. The accused held onto the
victim’s property before selling two rings on May 9th at Adelaide Exchange Jewellers on the
instructions of Vincent Stanford. Marcus also burnt the victim’s driver’s licence. Vincent Stanford
was found guilty of sexual assault and murder of Stephanie Scott and is serving a life sentence
for the crime. Marcus Stanford was convicted of being an accessory after the fact to murder.
Under the Crimes Act 1900 (NSW), the offence of being an accessory after the fact to murder
carries a maximum penalty of imprisonment for 25 years. Marcus was sentenced to 1 year and 3
months for being an accessory after the fact to the murder of Stephanie.

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1.7 Factors affecting criminal behaviour
1. Social and Economic Factors

- Most people believe that they should preserve society. As a result of being safe in society, they
will benefit materially
- Yet, those who may be disadvantaged believe there are fewer reasons to obey the law
since it may be perceived that society was the cause of their problems
- Statistically, people are more likely to commit crimes if they come from a poor or disadvantaged
background

2. Theory of Differential Association

- A sense of moral duty may influence a person’s willingness to obey the law. Although, each
individual’s morals are shaped by their environment
- Differential association is the concept that a person who is exposed to an environment in
which criminal behaviour is normal, they are more likely to become a criminal
- The anomie theory states that a person who has become alienated from society is more likely
to disregard the laws of that society
- Furthermore, a subculture is a culture that exists within a wider society, having different values
and morals from the mainstream. A member of the subculture is expected to comply with its
values and norms rather than with mainstream laws

3. Genetic Factors

- Genetic theories state that some people are born criminals; some peoples’ genetic make-up or
personality gives them the tendency to commit crime
- Still, there is no proof for this theory
- Some disorders can increase the chance of criminal behaviour, such as poor impulse
control, and mental illness

4. Political Factors

- Some people break the law because they feel that the law they are breaking or the
action they are protesting against is wrong
- This is also a form or challenging the authority of the government. This can range
from a peaceful demonstration to extreme cases such as terrorism, violence, and
assassination

5. Self-Interest and Greed

- A common factor is that the criminal is involved for their own personal/economic gain
- Most white-collar crimes are motivated by greed (tax evasion, computer crimes, insider
trading)

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 Case law: R v Johnson [2019]
In June 2017 Mr Johnson noticed Mr Campbell and Mr Morrison leaving a Methadone Clinic in
Campsie that Mr Johnson had himself attended earlier that day. After leaving the clinic, Mr
Campbell and Mr Morrison walked along a busy mall strip, a short distance behind Mr Johnson.
Mr Johnson stopped and noticed the two men. He believed they were stalking him and followed
them into a shoe shop where upon he accused Mr Morrison of conspiring against him. Mr
Johnson was agitated when Mr Campbell tried to protect his friend and drew a knife from his
pocket and fatally stabbed Mr Morrison. Mr Morrison dropped to the floor and despite no
retaliation from Mr Campbell, the offender punched him before leaving the store. Mr Johnson
was found guilty of the common assault of Mr Campbell and the murder of Mr Morrison. This
was the offender’s fourth conviction for tabbing with a knife.

During sentencing, the judge heard evidence that Johnson’s history of offending have been
partly a result fo his profoundly deprived childhood. The offender is an Aboriginal man who
came from a home which exposed him to alcohol abuse, extreme violence and neglect. As an
infant he was abandoned and was in foster care. At around age 7, his father died and he went
back to living with his mother. He began using drugs and alcohol at around 13. Psychiatric
reports also suggest he was expelled from school at around 14 for chasing a student with a
machete. Section 19A Crimes Act 1900 (NSW), states a maximum sentence for murder is life
imprisonment with a standard 20-year non-parole period.

The judge referred to previous court records that noted Mr Johnson’s deprived background
which had unfortunately pre-ordained him to criminal behaviour. The judge also heard current
medical evidence that Johnson showed no remorse and showed little evidence of rehabilitation.
Johnson was sentenced to jail for 10 months for the common assault of Mr Campbell. For the
murder of Mr Morrison he was sentenced to 26 years imprisonment with a 20 year non-parole
period.

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1.1 Crime prevention: Situational and social
Situational Crime Prevention
● Involves making it difficult for criminals to
commit crimes by increasing the risk of being
caught, and making the crime more difficult or
less rewarding to perpetrate. Referred to as
‘opportunity reduction’
● Use of surveillance cameras and security
guards in shops
R v Bayley 2013 – Bayley was arrested and
subsequently found guilty of murdering Jill
Meagher due to the CCTV coverage; similarly, in
R v Gittany 2014, key evidence was the camera
footage of his apartment
● Steel bollards placed in front of shop windows
and steel shutters
● Placing ATMs on the first floor of shopping
centres instead of the ground floor
● Reducing the amount of cash held on premises
● Colour-tagging clothes
● Cars with electronic tracking devices
● Immobilisers which prevent car engines
being turned on without the key
● Parents may stop their children where criminal
activity could arise (this is private situational
crime prevention)
● A good security system and locks on a house
● Under the Children (Protection and Parental
Responsibility) Act 1997 (NSW), police can
take children home if they are at risk of
committing a crime
● An efficient and effective police force and
judicial system
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Social Crime Prevention
● This occurs through changing the social
factors which cause people to be
criminals
● Breaking the causes (like poor parenting,
truancy at school, drug addiction, exposure to
crime) of a cycle of crime through:
- Education
- Employment
- A viable social security system
● Education about why laws are established,
how they function, and why certain acts are
illegal
● Providing employment/an adequate income
through social security can prevent crime
because people with sufficient incomes can
obtain what they need/want without resorting to
crime
● Use of diversionary programs to encourage
young people away from crime. They
include sporting groups, youth clubs, and
drop-in centres
● Intervention groups that target problems like
substance abuse, which also provide job
training to reduce unemployment
HSC Crime
 Past Questions
1. Which of the following are examples of strict liability offences?

a. Economic offences
b. Preliminary offences
c. White collar offences
d. Driving offences

2. Gary and Tony are 21 year old males on a working visa who have been employed on a
property in outback NSW. Whilst on holidays in Sydney and under the influence of drugs, Gary
kidnaps a 17 year old woman and sexually assaults her whilst in the company of Tony. In
relation to the crime of sexual assault, Tony is known as which of the following parties to a
crime?

a. Principal in the first degree

b. Principal in the second degree
c. Accessory before the fact
d. Accessory after the fact

3. What is the use of surveillance cameras in public places an example of?

a. Retribution
b. Restorative justice
c. Social crime prevention
d. Situational crime prevention

4. 18 year old Alex and 19 year old Dale planned to rob a bank. The next day Alex drove the
car and waited for Dale to rob a bank. Dale robbed the bank and they both drove away. 12
year old Shane was waiting at their house to assist them

What best describes the role played by Shane?

a. Accessory after the fact
b. Accessory before the fact
c. Principal in the first degree
d. Principal in the second degree

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 5. What category of crime has Alex committed
a. Driving
b. Property
c. Public order
d. White collar

6. Which of the following best describes what Dale committed?

a. Both attempted robbery and robbery
b. Both conspiracy to rob and robbery
c. Conspiracy to rob
d. Robbery

7. What is the most likely manner in which Alex and Shane’s cases will be dealt with in the criminal
justice system?

a. They will be heard together

b. They will be heard in an open court
c. They will be heard in different courts
d. They will be heard by a judge and jury

8. Ashley is charged with offensive language after swearing at State Transit Police. What
category of offence has he committed?

a. A property offence
b. A preliminary crime
c. A public order offence
d. An offence against the sovereign

9. After an argument, Asha stabs Melissa with a kitchen knife. Melissa has a medically
diagnosed weak heart and consequently suffers a heart attack and dies. Asha is charged
with Melissa’s murder. Which elements of a crime will be the most difficult to establish in this
case?

a. Strict liability
b. Actus Reus
c. Mens rea
d. Causation

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 10. Police intercept emails between Sam and Max, which outline their plans to illegally steal the
credit cards details of several people. Sam and Max are arrested before they put their plan
into action. What can Sam and max be charged with?

a. Computer crime
b. The attempted offence against a person of identity theft
c. Conspiracy to commit the economic offence of a computer crime
d. The public order offence of conspiracy to commit property crime

11. Mary was found to be an accessory before the fact in a bank robbery. Which of the following
would have led to this finding?

a. Mary supplied the gun that was used.

b. Mary used the gun at the crime scene.
c. Mary carried the money out of the bank.
d. Mary hid the money taken from the bank.

12. During an argument, Don punches Jack, who later dies. Don is convicted of murder.
Which of the following must have been established in court for this finding to be reached?

a. Causation
b. Mitigation
c. Provocation
d. Self-defence

13. Which statement is true of strict liability offences?

a. Mens rea must be proved

b. Actus reus must be proved
c. Burden of proof is not relevant
d. Standard of proof is not relevant

14. A driver under the influence of alcohol causes damage to the value of $10 000 to another
car. The driver is sentenced to imprisonment for drink driving. What sort of offence has the
driver been convicted of?

a. Economic
b. Indictable
c. Public order
d. Summary

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 15. A sixteen-year-old person has been found in possession of a can of spray-paint. Which of
the following describes this category of offence?

a. Preliminary
b. Public order
c. White collar
d. Strict liability

16. Jordan commits a serious criminal offence. Derek then helps Jordan conceal this offence.
Which offence has Derek committed?

a. Accessory after the fact

b. Accessory before the fact
c. Principal in the first degree
d. Principal in the second degree

17. A local council is considering the installation of closed circuit television (CCTV) in a car park
to deter criminal activity. What is this an example of?

a. Law enforcement
b. Situational policing
c. Social crime prevention
d. Situational crime prevention

18. A person is charged with an offence of using obscene language. In which court will the trial
most likely take place?

a. Coroner’s
b. District
c. Local
d. Supreme

19. Jordan and Terry make a plan to burn down an abandoned building. The next night, Terry
goes to the building and sets fire to it. (Use this for Q11-12)

Into which category of crime doe Terry’s factions fall?

a. Drug offences
b. Summary offences
c. Offences against property
d. Offences against the person

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 20. What is Jordan’s involvement in this situation?

a. He is the principal offender

b. He has not committed a crime
c. He is an accessory after the fact
d. He has committed a preliminary crime

21. Kelly steals money from her employer so she can afford to buy the same phone as her
friends.

Which pair of factors has affected Kelly’s criminal behaviour?

a. Political and social

b. Social and economic
c. Genetic and economic
d. Situational and genetic

22. Alex is arrested on her way to rob a bank. What category of crime can she be charged with?

a. Driving
b. Economic
c. Preliminary
d. Public Order

23. The government announces a program that aims to improve school attendance for students
who have high absentee rates. How could this initiative best be described?

a. Social crime prevention

b. A diversionary program
c. A rehabilitation program
d. Situational crime prevention

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