Crime
- 1. Daniella Galea Kate Lovell Luisa Marconi Andrew Mole
- 2. VIOLENT CRIME Violent crime is any crime that includes the use of un-consensual violent act/s against a person/victim. This includes the offences of homicide, assault, sexual assault and robbery. Violent crimes are not just limited to an act of violence, threatening to use violence is also an offence. Violence is in our television shows, news, movies and video games almost on a daily basis, young children are exposed to it and its effects everyday. Seeing violent activities everyday makes us believe that violent crimes are happening constantly. However of every 100 crimes recorded by the police in Australia, less than 10% were violent, whilst public opinion believed that 80% were violent crimes. (Hayes & Prenzler, 2012) However some violent crimes are not reported especially sexual assaults and rapes. This unknown number is called the dark figure of crime, which we may never fully know. (Hayes & Prenzler, 2012) Violence however is not necessarily a crime, depending on context. Context and reason are also considered in a court to determine if an act of violence is a crime. A wife who has been beaten by her husband fights back whilst this is a violent act it is considered self- defense and not a criminal action.
- 3. INFAMOUS CRIMINALS Ivan Milat- the backpacker murders The backpacker murderer, Ivan Milat, possibly the most famous serial killer in Australia killed at least several people in the New South Wales outback. All of Milats victims were backpackers or tourists aged between 19- 22. He was arrested on May 22 in 1994 after a pair of trial runners discovered the corpses of Caroline Clark and Joanne Walters, eventually more victims followed. All of his victims had bee stabbed and dumped in Belanglo State Forest. He is currently serving seven consecutive life sentences plus 18 years. (Murderpedia.com, N.D.) Martin Bryant- port author massacre Born in Tasmania, Martin Bryant had a low I.Q. and worked as a handyman. However on April 28, 1996 he walked into a caf辿 at Port Arthur and shot and killed 35 people, the next day he was under arrest. He received 35 life sentences and is residing at Tasmanias Risdon Prison. Unfortunately it is not fully known why he embarked on this massacre, many books have been written trying to comprehend this tragedy. There are also a number of conspiracy theories surrounding that fateful day in April. (Bryant Martin, 2013)
- 4. HISTORICAL CRIMES Ned Kelly Australias most famous thief, Ned Kelly born in 1855 in Victoria became the leader of the Kelly gang. He was in and out of police custody for theft related crimes until Ned shot 3 police dead. The wanted men went on to take over sheep stations, hotels and banks taking their gold and money. Ned was armed with his infamous headpiece, breast piece, back piece and apron which weighed 41kg altogether. In 1880 Ned and his gang were involved in a shootout with the police. Most of the gang was shot and killed. Ned was captured and in October of the same year he was sentenced to death. Kelly was hanged on 11th November 1880. His last words were speculated to be Such is life. (Barry, J.,1975) Myall Creek Massacre In the early days of British settlement in Australia there were countless massacres of the aboriginal people, the massacre at Myall Creek on Sunday 10th June 1838 was special however. Eleven stockmen came across a group of 28 aborigines camping by the creek. The stockmen brutally slaughtered everyone camping there, including women and children. The stockman were arrested, the first time in Australias history were Caucasian men were arrested, charged and hanged for the murder of aboriginals. People were horrified by the massacre with bodied being dismembered and burnt. On the 18th December 1838 several men were hung for the part in the massacre. (Myall Creek Massacre, N.D.)
- 5. To find law regarding violent acts for the Commonwealth of Australia it is best to consult the Criminal Law Consolidation Act of 1935. Each state has their own separate codes and laws that may differ in definition or punishment. Part 3 offences against the person etc. of the Criminal Law Consolidation Act of 1935 revolves around violent acts. To view more in-depth copy of each Division a full copy can be viewed at http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/ MURDER Part 3 Division 1 (Commonwealth of Australia, 1935) Sect 11- Murder: Any person who commits murder shall be guilty of an offence and shall be imprisoned for life Murder is an extreme offence that those convicted receive life imprisonment. Section 12A goes on to explain that any intentional act of violence that causes the death of another is also guilty of murder. MANSLAUGHTER Part 3 Division 1 (Commonwealth of Australia, 1935) Section 13- 1) Any person who is convicted of manslaughter shall be liable to be imprisoned for life or to pay such fine as the court awards or to both such imprisonment and fine. Section 13 goes on to address death by motor vehicle, that the convicted person must be disqualified from holding or obtaining a drivers license for a minimum of 10 years. Section 13a delves into issues of suicide and assisted suicide. THE LEGAL SYSTEM
- 6. RAPE/SEXUAL ASSUALT Part 3 Division 11 (Commonwealth of Australia, 1935) Section 48 1) A person (the "offender") is guilty of the offence of rape if he or she engages, or continues to engage, in sexual intercourse with another person who a) does not consent to engaging in the sexual intercourse; or b) has withdrawn consent to the sexual intercourse, and the offender knows, or is recklessly indifferent to, the fact that the other person does not so consent or has so withdrawn consent (as the case may be). Maximum penalty for someone convicted of rape is life imprisonment, per accusation of rape. Division 11 also includes sexual manipulation, unlawful sexual intercourse, indecent assault and many more sexual offences. THE LEGAL SYSTEM cont. SELF DEFENCE Part 3 Division 2 (Commonwealth of Australia, 1935) Self-Defence can mean either defense of ones body and property. Division 2- Defence of life and property section 15 regards the laws in relation to this. Defence is defined by objective elements of an offence that may render the defendant entitled to exclusion, limitation or reduction of criminal liability. Section 15- Self Defence It is a defence to a charge of an offence if the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; and the conduct was, in the circumstances as the defendant genuinely believed them to be, reasonably proportionate to the threat that the defendant genuinely believed to exist 1 . It is a partial defence to a charge of murder (reducing the offence to manslaughter) if the defendant genuinely believed the conduct to which the charge relates to be necessary and reasonable for a defensive purpose; but For the purposes of this section, a person acts for a "defensive purpose if the person acts- in self defence or in defence of another The laws regarding Self Defence are extremely detailed, so that it cannot be used by those who are indeed guilty of criminal offence without grounds.
- 10. Hayes, Hennessey and Tim Prenzler 2012. An Introduction to Crime and Criminology, 3ed. Pearson Australia. unknown (n.d.). Ivan Robert Marko MILAT. Retrieved 13 may 2013, from http://murderpedia.org/male.M/m/milat-ivan.htm Bryant Martin. (2013). The Biography Channel website. Retrieved May 13, 2013, from http://www.biography.com/people/martin-bryant-235987. Commonwealth of Australia. (1935). Criminal Law Consolidation Act of 1935. Retrieved 13 may 2013, from http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/ unknown (n.d.). THE MYALL CREEK MASSACRE. Retrieved 13 may 2013, from http://www.myallcreekmassacre.com/Myall_Creek_Massacre/About_this_site.html Barry, J. (1975). Kelly, Edward (Ned) (18551880). Retrieved 13 may 2013, from http://adb.anu.edu.au/biography/kelly- edward-ned-3933 IMAGES Bradley, R. (3 April 2012). Crime Fiction. Retrieved 13 may 2013, from http://lifeinclarity.blogspot.com.au/2012/04/crime- fiction.html Leifert, L. (n.d.). New Stats Show Crime Down in Broward, Palm Beach County. Retrieved 13 may 2013, from http://www.florida-criminal-lawyer-blog.com/violent_crimes/ Helena (July 2011). Becoming Layla. Retrieved 13 may 2013, from http://www.becominglayla.com/?tag=self-defense