Chapter

onE
Nature
of
cRIME
-
Glossary
Crime:- an act or omission committed against the community at large that is punishable by the state

The state:- a term used to refer to the government and the people that it governs

Accused:- the person or alleged offender that the criminal action is being taken against

Prosecute:- when the Crown or state take action against the offender in a court of law

The Crown:- the state party who commences a criminal action in a court of law against the offender.
In NSW, the action is usually commenced by the Director of Public Prosecutions. If the alleged crime
is against a federal criminal law then the action is usually commenced by the Commonwealth
Director of Public Prosecutions

Beyond reasonable doubt:- the standard of proof required in a criminal case for a person to be
found guilty

Actus reus:- a Latin term meaning ‘guilty act’ that refers to the physical act of carrying out a crime

Mens rea:- a Latin term meaning ‘guilty mind’, meaning that the accused intended to commit the
crime knowing their actions were wrong

Recklessness:- when the accused was aware that their action could lead to a crime being committed,
but chose to take that course of action anyway

Criminal negligence:- where the accused fails to foresee the risk where they should have and so
allows the avoidable danger to manifest

Causation:- the link between the behaviour of the accused and the result (i.e. that the behaviour of
the accused actually caused the criminal act alleged)

Strict liability offence:- an offence where the mens rea does not need to be proved; only the actus
Reus (the guilty act) needs to be proved

Trafficking:- dealing or trading in something illegal, particularly

Homicide:- the act of killing a human being

Murder:- the deliberate killing of a person

Manslaughter:- the killing of a person in a manner that is considered to be less intentional than
murder

Voluntary manslaughter:- the killing of a person where the accused did intend or was reckless about
killing someone but there are mitigating circumstances

Mitigating circumstances:- conditions that may be considered by a court when determining guilt or
innocence of a defendant; mitigating circumstances do not justify or excuse an offense but may
reduce the severity of a charge
Provocation:- a defence where the accused claims that the actions of another person caused them
to temporarily lose control; the act of inducing rage, anger, or resentment in another person that
may cause that person to engage in an illegal act

Involuntary manslaughter:- the killing of a person where the death occurred because the accused
acted in a reckless or negligent way without intention to kill

Constructive manslaughter:- the killing of a person while the accused was carrying out another
dangerous or unlawful act

Infanticide:- the death of a baby under the age of 12 months at the hands of its mother

Assault:- causing physical harm or threatening to cause physical harm to another person

Common assault:- threatening to cause physical harm to another person

Aggravated assault:- the assault of a person with an object rather than the assailant’s own body

Sexual assault:- when someone is forced into a sexual intercourse against their will and without
their consent

Sexual intercourse:- broadly defined in the Crimes Act 1900 (NSW) to include oral sex or penetration
of the vagina or anus by any part of another person’s body or by an object manipulated by another
person

Indecent assault:- an assault and ‘act of indecency’ on or in the presence of another person without
their consent

Aggravated sexual assault in company:- sexual assault performed with another person or people
present together with aggravating circumstances

Treason:- an attempt or manifest intention to levy war against the state, assist the enemy, or cause
harm to or death of a head of state

Sedition:- promoting discontent, hatred or contempt against a government or leader of the State
through slanderous use of language; in Australia, sedition includes offences of urging force or
violence against the government

Larceny:- when one or more persons intentionally takes another person’s property without consent
and without intention of returning it

Robbery:- when property is taken directly from a victim, usually forcefully

Break and enter:- commonly known as burglary, break and enter offences usually occur when a
person enters a home with intent to commit an offence

White-collar crime:- a general term for various non-violent crimes associated with professionals or
businesspeople, such as an embezzlement, tax evasion or insider trading

Embezzlement:- when a person steals money from a business over a period of time while they are
employed at that workplace
Tax evasion:- an attempt to avoid paying the full amount of taxes due by concealing or
underestimating a person or business’s income or assets

Insider trading:- when a person illegally trades on the share market to their own advantage using
confidential information

Fraud:- deceitful or dishonest conduct carried out for personal gain

Affray:- using or threatening to use violence towards another that would cause a reasonable person
present at the scene to fear for their safety

Riot:- similar to affray, but with 12 or more people using or threatening to use unlawful violence for
a common purpose

Attempt:- an offence where a principal crime was attempted but failed or was prevented for some
reason despite the intention to complete it

Conspiracy:- when two or more people plot to commit a crime together

Summary offences:- less severe offences that are heard and sentenced by a magistrate in the Local
Court

Indictable offences:- more severe offences that are heard and sentenced by a judge in a District
Court or tried before a judge and jury

Criminology:- the scientific study of crime and criminal behaviour