Key Legal Concepts and Features of the Legal System
Types of crime: offences against persons, economic offences (property/white collar crime), offences against the State, drug offences, public order offences, traffic offences, ‘victimless’ crimes, preliminary crimes (attempts, conspiracy)
Crime: “An act or omission which causes harm to society and punishable by the state.”
Offences against persons
o Sexual assault
Where a person is unlawfully killed
o Intending to kill another person
o An unlawful killing
o 3 types
Involuntary: negligence causing death
Voluntary: accused intending to kill but there are mitigating circumstanced, eg; provocation or diminished responsibility
Constructive: did so accidentally during a crime
o A mother causing the death of her child within the first 12 months of its life
o Defence- mental illness- post natal depression
o Death by reckless driving
Causing physical harm or threatening to cause physical harm to another.
(Formerly rape) Unwanted sexual contact with another, including your spouse
Crimes against property
(Theft) Is the removal of another person’s property without consent.
Break and Enter
Illegally entering a building with the intent to steal (burglary)
Accused taking property whilst owner is there, may be under the threat of violence or whilst armed. When the violence involves a weapon, the charge is escalated to ‘armed robbery’.
White Collar Crime
Not paying correct tax → fraudulently completing a tax return
Taking money online from other people’s accounts, credit card fraud, introducing viruses.
Special information concerning share prices
Offences Against the State
Are both acts which encourage hatred towards the government, the monarch or...