Parties To A Crime
A crime is any act or omission of duty resulting in harm to society that is punishable by the state. Often there is more than one participant in a crime, including cooperation in the physical act or assistance before and after. In New South Wales, the roles of people in a party conducting a crime are specified in laws about joint criminal enterprise. A joint criminal enterprise is one in which two or more people conduct criminal activity with a common objective. All parties are held equally criminally accountable even if some were more actively involved than others. All participants are punishable by court and are referred to as the parties to a crime. There are four distinguishable parties to a crime which are classified according to their role in the execution of the crime. Parties to a crime can be classified as:
1. Principal in the first degree
2. Principal in the
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The principal in the first degree would be the person that committed the whole or parts of the physical elements of the crime. In order to be prosecuted, it would be a necessity to prove that the principal in the first degree committed the actus reus with the adequate mens rea.
Example: if person A used a gun to rob a store, he would be the principal in the first degree as he committed the crime himself or herself.
In the case Cooper v Regina [2011] NSWCCA 258, the appellant, Bradley Cooper was arraigned on an indictment that on the 22 March 2003, he did murder Dale Kevin Muldoon. In this case, Cooper would be the principal in the first degree as he delivered all blows to the head of the deceased and therefore was solely responsible for the murder.
Though, under a variant of the definition, a person can be charged as a principal in the first degree if they possess the mens rea but causes an innocent person to perform the physical
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1st degree murder is murder with malice aforethought. Malice aforethought is a murder that was planned out. 1st degree is also murder with the intent to kill and it is
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The offender urinated on his victim during the sexual assault which instigates
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Crime is not something unique to one country or culture, it can be found all over the world and has been present for as long as history goes back. There are many theories on why crimes happen ranging from individual responsibility to responsibility of societal influences. However, some countries suffer from much higher crime rate than others and the United States of America happens to be such a country. This paper will look at how societal influences, more specifically, the concept of the American Dream, affect crime rates in the country. It is the idea that the basis of striving towards economic success, seen in the foundational ideas of the American Dream, is the very same factor that allows the nation’s crime rate, such as in white collar
...e is not served. Also, the family of the victim must be taken into consideration. The family has suffered greatly and deserves to see justice served.
Actus Reus – it is a guilty act i.e. it is an arrangement between two parties involving criminal property;
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
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The world will always be full of crime, thus it is necessary for scientist to grow along with the gruesome and increasing amount of violations. Due to this it sparked scientist to develop crime theories in which emerged to explain why crime is caused by individuals. Some of the few theories that have advanced over the past century and provided many answers to why crimes are committed are biological theories, psychological theories and learning theories. These theories provide an insight to its first use and change in order to provide answers.
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We are all affected by crime, whether we are a direct victim, a family member or a friend of a victim. It can interfere with your daily life, your personal sense of safety and your ability to trust others.