Crime Discussion Thread (1 Viewer)

[melsc]

Since we don't have subforums, it would be easier to discuss Crime here

 

[goan_crazy]

Types of crime

Economic offences-offences against property & white collar crime
offences against the person
victimless crimes
preliminary crimes
drug offences
public order offences-[p.o.o as my teacher referred to it as lol]
traffic offences
relgulatory offences
any more?

 

[elissa]

there's also crimes against the state e.g. (as far as i know) treason, terrorism

umm, and we had a lawyer once (when my teacher took time of coz his wife had a baby) anyway, he said u could also include crimes against the sovereign - but that it could technically fit into crimes against the state

 

[Jonathan A]

there's also crimes against the state e.g. (as far as i know) treason, terrorism

umm, and we had a lawyer once (when my teacher took time of coz his wife had a baby) anyway, he said u could also include crimes against the sovereign - but that it could technically fit into crimes against the state

A crime by definition is committed against the state. It is actionable by the state.

A crime in relation to sovereign would be something like treason. Many crimes of the sort are not commonly actioned, most action that would be against the powers of the state are usually seen as mere political speech.

 

[melsc]

Any criminal offence is consider to be comitted against the state... but sedition and treason are special criminal offence against the sovereign...,my teacher said treason still carries the death penalty in aus?

 

[goan_crazy]

an easy definition of crime
an offence against the community, punishable by the state

u dont need all this act or ommission crap thats heaps long
my definition is short and 2 the point says wat u need 2 say

 

[Jonathan A]

Any criminal offence is consider to be comitted against the state... but sedition and treason are special criminal offence against the sovereign...,my teacher said treason still carries the death penalty in aus?

The death penalty no longer exists in Australia. Remember the sources of law that a judge will use in making a decision, Common Law and Statute Law. Common Law may carry the death penalty, however it has been wiped out by statutory law (which prevails).

Common law can often be a little weird, for example the tort of nuisance is a crime in common law (public nuisance).

 

[Jonathan A]

an easy definition of crime
an offence against the community, punishable by the state

u dont need all this act or ommission crap thats heaps long
my definition is short and 2 the point says wat u need 2 say

Really not punishable by the state, rather its punishable by law (just my argument ).


My definition of crime, adopted from my lecturer in criminology and policing (A/Prof Robertson) would be something like:

An act or ommission which is illegal under, and punishable by, law that causes harm, injury, damage or destruction to a person and/or their property, including intellectual property.

 

[melsc]

Australia abolished the death penalty for all crimes in 1985.

Murf

Except Treason i believe

 

[Jonathan A]

Quite right Murf.

The act under s 3 only binds the Commonwealth though. States were able to impose the death penalty up until they implemented their own legislation to abolish it. New South Wales was the last state and it abolished the death penalty under Crimes Amendment (Death Penalty Abolition) Act 1985 (NSW).

 

[wrong_turn]

i know for sure that treason is the only offence against the state which is punishable by the death penalty. the only other offence that you all missed was piracy, which still exists today, and it is a crime against the state.

 

[Jonathan A]

I would like you to post the relevant law that suggests the death penalty here for crimes referred to as "Capital Crimes" - these don't exist anymore.

Murf in his enthusiasm to find out more on the law messaged me about it. I told Murf that the Law of the Commonwealth can't always bind the states, however I will add that under the Tasmania Dams Case (1983), the high court has shown that the commonwealth can override any state law if they can prove their law is in relation to s51 of the constitution (in that case s51(xxix)). Since Australia signed and ratified a UN treaty on this issue on Civil and Political Rights, I would say the Commonwealth has agood standing on this issue.

 

[wrong_turn]

i'll try to find it. but it sticks in mind so much, because our teacher asked us to find out what was the only crime against the state which is still punishable by capital punishment.

 

[Jonathan A]

i'll try to find it. but it sticks in mind so much, because our teacher asked us to find out what was the only crime against the state which is still punishable by capital punishment.

I put it this way, its impossible for the state at present using its current mechanisms to impose the death penalty.

 

[wrong_turn]

yes as a state, as in a soveriegn. but no as in a state as in nsw

 

[Jonathan A]

yes as a state, as in a soveriegn. but no as in a state as in nsw

SO you are saying that the death penalty still exists in Australia?

Whether you claim so or not, I have not seen any legislation which has in any way modified, repealled or ammended the clauses of the relevant abolition legislation. Despite what a teacher said, a judge of a supreme court will not give someone the death penalty because it's written in the Board of Studies Syllabus.

 

[Jonathan A]

Just an extra note, the syllabus can be very misleading in its teachings of the law. Take for example the types of damages a person is entitled to under contract law. The area of consumers in studies reveals something misleading that people can recieve damages for emotional stress (this is very rare) and furthermore mixed in tortious damages in contract law, makes it very misleading where only expectation damages are usually entitled to by the innocent party.

 

[wrong_turn]

no no no. you misunderstand me. this is not fromt he syllabas, but this is from actual law!!! the state of australia as a soveriegn, still has the death penalty for treason. every other crime was abolished, except for treason against the state.

 

[melsc]

The area of consumers in studies reveals something misleading that people can recieve damages for emotional stress (this is very rare) .

Wasnt that established by that old case where the guy went on a boat trip and it was really bad?>?>?>

 

[melsc]

i'll try to find it. but it sticks in mind so much, because our teacher asked us to find out what was the only crime against the state which is still punishable by capital punishment.

Thats wat my teacher asked us also...thats the only reason why i thought that was it...

LOL pIRACY my teacher asked us wat it was...and we all said burning CDs LOL