Quick questions on Categories of crime and strict liability offences: HSC Legal Studies

1. Offences against the person. Crimes that cause harm or threat to another individual. Includes homicide (murder under the Crimes Act 1900 (NSW) s 18; manslaughter under s 18(1)(b); infanticide under s 22A), assault (common assault under s 61; aggravated assault under s 59) and sexual offences (sexual assault under s 61I; aggravated sexual assault under s 61J).

A strict liability offence is one where the prosecution does not need to prove mens rea for the prohibited conduct. Proof of the actus reus alone is sufficient.

Crimes that cause harm or threat to another individual. Includes homicide (murder under the Crimes Act 1900 (NSW) s 18; manslaughter under s 18(1)(b); infanticide under s 22A), assault (common assault under s 61; aggravated assault under s 59) and sexual offences (sexual assault under s 61I; aggravated sexual assault under s 61J).

Crimes that interfere with the property of another. Includes larceny under the Crimes Act 1900 (NSW) s 117, robbery under s 94, break and enter under s 112, and arson under s 195. Robbery sits between the two categories because it combines force against the person with the taking of property.

Crimes that threaten the integrity or security of the state. Includes treason under the Criminal Code Act 1995 (Cth) s 80.1 and terrorism offences under the Criminal Code Act 1995 (Cth) Division 101 and Division 102. Sedition offences were repealed in 2010 and replaced with urging violence offences (s 80.2 of the Criminal Code Act 1995 (Cth)).

Possession, use, supply and manufacture of prohibited substances. In NSW, prosecuted under the Drug Misuse and Trafficking Act 1985 (NSW). Examples include possession (s 10), supply (s 25) and large commercial quantity supply (s 25(2)).

Driving offences regulated under the Road Transport Act 2013 (NSW). Includes speeding, drink driving (s 110) and dangerous driving occasioning death or grievous bodily harm under the Crimes Act 1900 (NSW) s 52A.

Conduct that disturbs the peace or the orderly use of public spaces. Includes offensive conduct under the Summary Offences Act 1988 (NSW) s 4, offensive language under s 4A, and affray under the Crimes Act 1900 (NSW) s 93C.

Steps toward the commission of an offence. Includes attempt (Crimes Act 1900 (NSW) s 344A), conspiracy and incitement.

Offences arising from breach of regulatory regimes, e.g. workplace safety under the Work Health and Safety Act 2011 (NSW), environmental offences under the Protection of the Environment Operations Act 1997 (NSW).

It is no fault as to mens rea, but the conduct itself must still be voluntary. An involuntary act (e.g. spasming the steering wheel during a seizure) is still a defence.

Sedition was repealed in 2010. Use the current "urging violence" offences in Criminal Code Act 1995 (Cth) s 80.2 if you are writing about offences against the state. :::