How are crimes categorised, and what are the implications for prosecution?
Investigate the categories of crime (offences against the person, against property, against the state, drug offences, traffic offences, public order, preliminary, regulatory) and the special category of strict liability offences
A focused answer to the categories of crime in NSW, with examples drawn from the Crimes Act 1900 (NSW), the Drug Misuse and Trafficking Act 1985 (NSW), and the Summary Offences Act 1988 (NSW), plus the special category of strict liability offences.
Have a quick question? Jump to the Q&A page
What this dot point is asking
NESA wants you to know the seven main categories of crime in NSW, give examples grounded in real statutes, and understand the special category of strict liability offences and why they exist. Expect a 3-5 mark short-answer item or part of a Section II stimulus question.
The answer
The main categories
- 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).
- 2. Offences against property
- 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.
- 3. Offences against the state
- 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 Sedition offences were repealed in 2010 and replaced with urging violence offences (s 80.2 of the Criminal Code Act 1995 (Cth)).
- 4. Drug offences
- 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)).
- 5. Traffic offences
- 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.
- 6. Public order offences
- 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.
- 7. Preliminary (inchoate) offences
- Steps toward the commission of an offence. Includes attempt (Crimes Act 1900 (NSW) s 344A), conspiracy and incitement.
- 8. Regulatory offences
- 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).
Strict liability offences
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.
Common examples:
- Speeding under the Road Transport Act 2013 (NSW). The prosecution only needs to prove the vehicle exceeded the limit.
- Many regulatory offences under the Work Health and Safety Act 2011 (NSW) and the Protection of the Environment Operations Act 1997 (NSW).
Strict liability is justified on three grounds: public protection, regulatory efficiency (the volume of traffic and environmental offences would be unworkable if mens rea had to be proved each time), and the relatively low penalty.
The leading authority is He Kaw Teh v The Queen (1985) 157 CLR 523, which held that the presumption of mens rea can only be displaced by clear statutory words or by necessary implication, and applies most readily to regulatory rather than truly criminal offences.
Past exam questions, worked
Real questions from past NESA papers on this dot point, with our answer explainer.
2020 HSC4 marksDescribe two categories of crime and give an example of each, citing relevant NSW legislation.Show worked answer →
A 4-mark response needs two named categories, an example offence in each, and the source statute.
Offences against the person. Crimes that cause harm or threat to another. Example: murder under the Crimes Act 1900 (NSW) s 18. The actus reus is an act causing death; the mens rea is intention to kill, intention to inflict grievous bodily harm, or reckless indifference to human life.
Offences against property. Crimes that interfere with another's property. Example: larceny under the Crimes Act 1900 (NSW) s 117. The actus reus is the taking and carrying away of another's property; the mens rea is the intention to permanently deprive.
Markers reward (1) the named category, (2) the example offence with section, (3) brief description of what the offence requires.
Related dot points
- Examine the meaning of crime and the elements that must be proved beyond reasonable doubt
A focused answer on the meaning of crime and the two elements the prosecution must prove (actus reus and mens rea), the standard and burden of proof, strict liability exceptions, and a worked HSC past exam question.
- Examine the purposes of punishment, the range of sentencing options, the role of victims in sentencing, and the issue of consistency
A focused answer to the purposes of sentencing in NSW (deterrence, retribution, rehabilitation, incapacitation, denunciation, restoration), the menu of sentencing options under the Crimes (Sentencing Procedure) Act 1999 (NSW), and the role of victim impact statements.