crime unit 19. preview 1. definition 1. definition 2. purpose of criminal law 2. purpose of criminal...

CRIMECRIME

Unit 19Unit 19

PreviewPreview 1. Definition1. Definition 2. Purpose of criminal law2. Purpose of criminal law 3. Classification of offences3. Classification of offences 4. Elements of a crime4. Elements of a crime 5. Burden and standard of proof5. Burden and standard of proof 6. Criminal law and human rights6. Criminal law and human rights 7. Participation7. Participation 8. Capacity8. Capacity 9. General defences9. General defences 10. Types of offences10. Types of offences 8. Legal terms8. Legal terms 9. Exercises9. Exercises

DEFINITIONDEFINITION

Crime: offence against community, Crime: offence against community, punishable by the Statepunishable by the State

An illegal act which may result in An illegal act which may result in prosecution and punishment by the prosecution and punishment by the statestate

DEFINITIONDEFINITION

““A crime is a conduct forbidden by A crime is a conduct forbidden by the State and to which a punishment the State and to which a punishment has been attached because the has been attached because the conduct is regarded by the State as conduct is regarded by the State as being criminal”being criminal”

What conduct is criminal varies from What conduct is criminal varies from country to country, and from one country to country, and from one time to anothertime to another

Purpose of criminal law?Purpose of criminal law?

Protect individuals and their property Protect individuals and their property from harmfrom harm

Preserve order in societyPreserve order in society Punish offendersPunish offenders Enforce moral values? Enforce moral values?

CATEGORIES OF CRIMINAL CATEGORIES OF CRIMINAL OFFENCEOFFENCE

Summary offences Summary offences Indictable offences Indictable offences Offences triable either wayOffences triable either way

Summary offenceSummary offence

Summary offenceSummary offence a minor crime a minor crime which can be tried summarily, i.e. which can be tried summarily, i.e. before magistrates (e.g. common before magistrates (e.g. common assault, speeding, being drunk or assault, speeding, being drunk or disorderly); disorderly);

Prosecutions must be started within Prosecutions must be started within 6 months of the commission of the 6 months of the commission of the offenceoffence

Offences triable either wayOffences triable either way

Cases which can be heard summarily Cases which can be heard summarily in the Magistrates' Court or on in the Magistrates' Court or on indictment the Crown Court (theft, indictment the Crown Court (theft, assault occasioning actual bodily assault occasioning actual bodily harm, affray) harm, affray)

Indictable offencesIndictable offences

Serious crimes which must be tried Serious crimes which must be tried on indictment in the Crown Court on indictment in the Crown Court (murder, manslaughter, rape)(murder, manslaughter, rape)

IndictmentIndictment

Formal document accusing a person Formal document accusing a person of committing an indictable offenceof committing an indictable offence

Read out to the accused at trialRead out to the accused at trial

Form of indictmentForm of indictment

Headed with the name of the case Headed with the name of the case and the place of trialand the place of trial

Statement of offence, stating what Statement of offence, stating what crime has allegedly been committed, crime has allegedly been committed, followed by particulars of the offencefollowed by particulars of the offence

If the accused is charged with more If the accused is charged with more than one offence, each allegation than one offence, each allegation and charge appears in a separate and charge appears in a separate paragraph called a countparagraph called a count

Categories for police powers of Categories for police powers of detentiondetention

Summary offences (24 hrs)Summary offences (24 hrs) Indictable offences (24-36-max.96 Indictable offences (24-36-max.96

hrs)hrs) Terrorism offences (48 hrs – 28 days: Terrorism offences (48 hrs – 28 days:

Terrorism Act 2000, Schedule 8 as Terrorism Act 2000, Schedule 8 as amended by the Terrorism Act 2006)amended by the Terrorism Act 2006)

Classification by the type of Classification by the type of harm caused by the crimeharm caused by the crime

Offences against the personOffences against the person Offences against propertyOffences against property Offences against public orderOffences against public order

Elements of a crimeElements of a crime

In order to be convicted, the accused In order to be convicted, the accused must be shown to have committed must be shown to have committed an unlawful act (an unlawful act (actus reusactus reus) with a ) with a criminal state of mind (criminal state of mind (mens reamens rea))

Elements of a crimeElements of a crime

ACTUS REUS + MENS REA = ACTUS REUS + MENS REA = OFFENCEOFFENCE

Lat: Lat: Actus non facit reum nisi mens Actus non facit reum nisi mens sit rea sit rea = ‘the act itself does not = ‘the act itself does not constitute guilt unless done with a constitute guilt unless done with a guilty mind’guilty mind’

Actus reusActus reus

The physical element of a crimeThe physical element of a crime It can be: It can be: 1. An act (e.g. theft)1. An act (e.g. theft) 2. An omission to act (e.g. wilful 2. An omission to act (e.g. wilful

neglect of a child)neglect of a child) 3.A state of affairs (e.g. being drunk 3.A state of affairs (e.g. being drunk

in a public place)in a public place)

Mens reaMens rea

The mental element of an offence; The mental element of an offence; the state of mind that the prosecution the state of mind that the prosecution must prove that defendant had at the must prove that defendant had at the time of committing a crime in order to time of committing a crime in order to secure convictionsecure conviction

Intention to bring about a particular Intention to bring about a particular consequence, or recklessness as to consequence, or recklessness as to whether such consequences may whether such consequences may come aboutcome about

Burden of proof Burden of proof

The burden is on the prosecution to The burden is on the prosecution to prove the caseprove the case

The standard of proof: ‘beyond The standard of proof: ‘beyond reasonable doubt’reasonable doubt’

If the defendant raises a defence it is If the defendant raises a defence it is for the prosecution to negate the for the prosecution to negate the defence in order to convictdefence in order to convict

For certain defences the burden of For certain defences the burden of proof is on the defendant (defence of proof is on the defendant (defence of insanity): on the balance of probabilitiesinsanity): on the balance of probabilities

Criminal law and human rightsCriminal law and human rights

The right to a fair trial (Art. 6 (1)The right to a fair trial (Art. 6 (1) The presumption of innocence (Art. 6 The presumption of innocence (Art. 6

(2)(2) No punishment without law (Art. 7 No punishment without law (Art. 7

(1)(1)

The right to a fair trialThe right to a fair trial

the right to be heard by a competent, independent and impartial tribunal

the right to a public hearing the right to be heard within a

reasonable time The right to counsel the right to court interpreting and

translation

The presumption of innocenceThe presumption of innocence

„„Everyone charged with a criminal Everyone charged with a criminal offence shall be presumed innocent offence shall be presumed innocent until proven guilty” (Art. 6(2)until proven guilty” (Art. 6(2)

No punishment without lawNo punishment without law

‘‘No one shall be held guilty of any No one shall be held guilty of any criminal offence on account of any criminal offence on account of any act or omission which did not act or omission which did not constitute a criminal offence under constitute a criminal offence under national law or international law at national law or international law at the time it was committed’ Art 7(1)the time it was committed’ Art 7(1)

Other Convention rightsOther Convention rights

The right not to be subjected to The right not to be subjected to inhuman or degrading treatment (Art inhuman or degrading treatment (Art 3(1)3(1)

The right of respect for a person’s The right of respect for a person’s private life (Art 8)private life (Art 8)

No discrimination on the grounds of No discrimination on the grounds of sex, race, colour, religion or political sex, race, colour, religion or political opinion (Art 14)opinion (Art 14)

ParticipationParticipation

Principal offendersPrincipal offenders Innocent agentsInnocent agents Secondary partiesSecondary parties

Principal offenderPrincipal offender

The person whose act is the The person whose act is the immediate cause of actus reusimmediate cause of actus reus

Must have the necessary mens rea to Must have the necessary mens rea to be guilty of the offencebe guilty of the offence

There can be two or more joint or co-There can be two or more joint or co-principalsprincipals

Innocent agentInnocent agent

Someone whom the principal uses to Someone whom the principal uses to do the actdo the act

The agent may be innocent if:The agent may be innocent if: A) they lack the capacity to commit A) they lack the capacity to commit

offence (child under the age of 10)offence (child under the age of 10) B) they do not have mens reaB) they do not have mens rea C) they have a defence such as C) they have a defence such as

insanityinsanity

Secondary partiesSecondary parties

Also: accessoryAlso: accessory Guilty of the main crime and liable to the Guilty of the main crime and liable to the

same punishment as the principalsame punishment as the principal Can only be convicted if there was an Can only be convicted if there was an

actus reus and mens reafor the main actus reus and mens reafor the main offenceoffence

If the principal has attempted the main If the principal has attempted the main crime the accessory can be guilty to the crime the accessory can be guilty to the attemptattempt

Incohate offences =Incohate offences =incomplete offencesincomplete offences

Incitement – seeking to influence the Incitement – seeking to influence the mind of another to the commission of mind of another to the commission of a crimea crime

Conspiracy: c. to defraud, c. to Conspiracy: c. to defraud, c. to corrupt public morals, c. to outrage corrupt public morals, c. to outrage public decencypublic decency

Attempt: attempting to commit an Attempt: attempting to commit an offenceoffence

Exemptions from criminal liabilityExemptions from criminal liability

A person can be exempted from A person can be exempted from criminal liability if:criminal liability if:

A) something had deprived them of A) something had deprived them of their free will and control (insanity, their free will and control (insanity, coercion), orcoercion), or

B) s/he is one of the class of persons B) s/he is one of the class of persons subject to special rules (foreign subject to special rules (foreign sovereigns, diplomats, minors)sovereigns, diplomats, minors)

Limitations on capacityLimitations on capacity

Children under the age of tenChildren under the age of ten Mentally ill persons: unfitness to Mentally ill persons: unfitness to

plead, insanity at time of offence, plead, insanity at time of offence, diminished responsibilitydiminished responsibility

Corporate liabilityCorporate liability

Children under the age of 10Children under the age of 10

S50 Children and Young Persons Act S50 Children and Young Persons Act 1933 ‘it shall be conclusively 1933 ‘it shall be conclusively presumed that no child under the presumed that no child under the age of ten can be guilty of any age of ten can be guilty of any offence’ – offence’ – doli incapax doli incapax presumptionpresumption

Children aged ten and overChildren aged ten and over

S34 Crime and Disorder Act 1998 S34 Crime and Disorder Act 1998 abolished the presumption that a abolished the presumption that a child aged 10 to 13 is incapable of child aged 10 to 13 is incapable of committing an offence; a child aged committing an offence; a child aged 10 and over is considered to be ‘as 10 and over is considered to be ‘as responsible for his actions as if he responsible for his actions as if he were 40’were 40’

Children aged ten and overChildren aged ten and over

For all but the most serious offences For all but the most serious offences children (10-13) and young persons children (10-13) and young persons (14-17) are tried in the Youth Court(14-17) are tried in the Youth Court

Where a child or a young person is tried Where a child or a young person is tried in the Crown Court special in the Crown Court special arrangements must be made to allow arrangements must be made to allow him to participate effectively in the trialhim to participate effectively in the trial

Sentencing powers – different from Sentencing powers – different from those for adultsthose for adults

Mentally ill personsMentally ill persons

Where the defendant is unable to Where the defendant is unable to understand the charge against him so as understand the charge against him so as to be able to make a proper defence, he to be able to make a proper defence, he may be found unfit to plead (Criminal may be found unfit to plead (Criminal Procedure (Insanity) Act 1964)Procedure (Insanity) Act 1964)

Where a person is fit to plead but is Where a person is fit to plead but is found to be insane at the time he found to be insane at the time he committed the offence a special verdict committed the offence a special verdict of ‘Not guilty by reason of insanity’ is of ‘Not guilty by reason of insanity’ is given by the jury’given by the jury’

Diminished responsibilityDiminished responsibility

A partial defence only available on a A partial defence only available on a charge of murder;charge of murder;

operates where a person suffers from an operates where a person suffers from an abnormality of the mind which abnormality of the mind which substantially impairs his mental substantially impairs his mental responsibility for his acts or omissions in responsibility for his acts or omissions in doing or being a party to the killing (s2 doing or being a party to the killing (s2 Homicide Act 1957)Homicide Act 1957)

If the defence is successful the charge of If the defence is successful the charge of murder is reduced to manslaughtermurder is reduced to manslaughter

Corporate liabilityCorporate liability

A corporation – a legal personA corporation – a legal person A corporation cannot be convicted of an offence A corporation cannot be convicted of an offence

where the only punishment available is physical, where the only punishment available is physical, e.g. life imprisonment for murdere.g. life imprisonment for murder

A corporation cannot commit crimes of a physical A corporation cannot commit crimes of a physical nature, such as bigamy or rape, though it may be nature, such as bigamy or rape, though it may be possible for a corporation to be liable as an possible for a corporation to be liable as an accessoryaccessory

A corporation can be liable for manslaughter A corporation can be liable for manslaughter (P&O European Ferries (Dover) Ltd (19919(P&O European Ferries (Dover) Ltd (19919

The principle of identificationThe principle of identification

As a corporation has no physical As a corporation has no physical existence it is necessary to identify existence it is necessary to identify those people within the corporation those people within the corporation who can be considered as the ‘directing who can be considered as the ‘directing mind and will of the company’mind and will of the company’

The acts and intentions of those who The acts and intentions of those who are identified as the ‘embodiment of are identified as the ‘embodiment of the company’ are considered the acts the company’ are considered the acts and intention of the companyand intention of the company

General defencesGeneral defences

InsanityInsanity AutomatismAutomatism IntoxicationIntoxication DuressDuress MistakeMistake Self-defenceSelf-defence

General defencesGeneral defences

Availability of different defences

Available for all offences

Only available for some offences

insanity intoxication Not available for crimes of basic intent

automatism duress Not available for murder, attempted murder, or treason

mistake necessity Very rarely successful as a defence

Self-defence consent Not available for murder or some assaults

HomicideHomicide

Murder (intention to kill)Murder (intention to kill) Manslaughter:Manslaughter: Statutory offencesStatutory offences

ManslaughterManslaughter

1) Voluntary: mens rea for murder 1) Voluntary: mens rea for murder but has a special defence: but has a special defence: diminished responsibility, diminished responsibility, provocation, suicide pactprovocation, suicide pact

2) involuntary2) involuntary

Statutory offencesStatutory offences

Causing death by dangerous drivingCausing death by dangerous driving InfanticideInfanticide Causing or allowing the death of a Causing or allowing the death of a

child or vulnerable adultchild or vulnerable adult Offences against a foetusOffences against a foetus

Non-fatal offences against the Non-fatal offences against the personperson

Common assault: assault; batteryCommon assault: assault; battery Assault occasioning actual bodily Assault occasioning actual bodily

harmharm Maliciously wounding or inflicting Maliciously wounding or inflicting

grievous bodily harmgrievous bodily harm

Sexual offencesSexual offences

RapeRape Sexual assaultsSexual assaults Sexual offences on childrenSexual offences on children Offences involving family members Offences involving family members

(incest)(incest) bigamybigamy

Theft and related offencesTheft and related offences

TheftTheft RobberyRobbery BurglaryBurglary Taking a conveyance without Taking a conveyance without

consentconsent Handling stolen goodsHandling stolen goods Making off without paymentMaking off without payment blackmailblackmail

Deception offencesDeception offences

DeceptionDeception Obtaining property by deceptionObtaining property by deception Obtaining a money transfer by deceptionObtaining a money transfer by deception Obtaining a pecuniary advantage by Obtaining a pecuniary advantage by

deceptiondeception Obtaining services by deceptionObtaining services by deception Fraud (by false representation, by failing Fraud (by false representation, by failing

to disclose information, by abuse of to disclose information, by abuse of position)position)

Criminal damageCriminal damage

Criminal damage – destroying or Criminal damage – destroying or damaging property damaging property

Endangering lifeEndangering life ArsonArson

Public order defencesPublic order defences

Riot (12 or more persons use or Riot (12 or more persons use or threaten unlawful violence)threaten unlawful violence)

Violent disorder (3 or more persons Violent disorder (3 or more persons use or threaten unlawful violence)use or threaten unlawful violence)

Affray (if a person uses or threatens Affray (if a person uses or threatens unlawful violence towards anotherunlawful violence towards another

Fear or provocation of violence (using Fear or provocation of violence (using threatening, abusive or insulting threatening, abusive or insulting words or behaviour)words or behaviour)

Public order defencesPublic order defences

Harassment offencesHarassment offences Racially aggravated offencesRacially aggravated offences

Legal termsLegal terms

Crime Crime kazneno djelo; kriminal; kazneno djelo; kriminal; kriminalitet; zločin (kriminalitet; zločin (crime against crime against humanityhumanity zločin protiv zločin protiv čovječanstva; čovječanstva; war crimewar crime ratni ratni zločin)zločin)


IndictIndict /in’dait/ to charge with a /in’dait/ to charge with a crime; podići optužnicucrime; podići optužnicu

IndictmentIndictment /in’daitm /in’daitmƏƏnt/ a written nt/ a written statement of the details of the crime statement of the details of the crime with which someone is charged in with which someone is charged in the Crown Court; the Crown Court;

optužni prijedlogoptužni prijedlog


Indictable offenceIndictable offence /in’dait /in’daitƏƏbl bl ƏƏ’fens/a serious offence which is ’fens/a serious offence which is tried in the Crown Court; tried in the Crown Court;

teško kazneno djelo; kazneno djelo teško kazneno djelo; kazneno djelo koje se goni po službenoj dužnostikoje se goni po službenoj dužnosti

ExamplesExamples

Arson, assassination, assault, Arson, assassination, assault, bigamy, blackmail, bribery, burglary, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, murder, perjury, piracy, robbery, slander, smuggling, theft, treasonslander, smuggling, theft, treason

Translation equivalentsTranslation equivalents

ArsonArson palež, podmetanje požara palež, podmetanje požara assassinationassassination atentat atentat

assaultassault napad; pokušaj nanošenja napad; pokušaj nanošenja ozljede ozljede bigamybigamy bigamija, bigamija, dvoženstvo dvoženstvo

blackmailblackmail ucjena ucjena briberybribery mito mito burglaryburglary provalna krađa provalna krađa


embezzlementembezzlement pronevjera pronevjera espionage espionage špijunaža špijunaža extortionextortion iznuda iznuda Forgery Forgery krivotvorenje krivotvorenje fraud fraud prijevara prijevara libellibel kleveta, pisana uvreda kleveta, pisana uvreda manslaughtermanslaughter ubojstvo iz nehaja, ubojstvo iz nehaja,

ubojstvo na mah ubojstvo na mah murder murder ubojstvo s predumišljajem ubojstvo s predumišljajem


perjuryperjury krivokletstvo, lažno krivokletstvo, lažno svjedočenje, lažna prisega, davanje svjedočenje, lažna prisega, davanje lažnog iskaza lažnog iskaza piracypiracy bespravno bespravno umnožavanje, tiskanje umnožavanje, tiskanje robberyrobbery razbojništvo, razbojnička krađa razbojništvo, razbojnička krađa slanderslander usmena kleveta usmena kleveta

smugglingsmuggling krijumčarenje krijumčarenje thefttheft krađa krađa treasontreason izdaja izdaja

What’s the difference?What’s the difference?

Assassination?Assassination? Manslaughter?Manslaughter? Murder?Murder?

The difference is...The difference is...

assasinationassasination murder of a well- murder of a well-known personknown person

manslaughtermanslaughter killing someone killing someone without having intended to do so, or without having intended to do so, or killing someone intentionally but with killing someone intentionally but with mitigating circumstancesmitigating circumstances

murdermurder killing someone intentionally killing someone intentionally


Burglary?Burglary? Embezzlement?Embezzlement? Extortion?Extortion? Robbery?Robbery? Theft?Theft?


Burglary Burglary going into a building, going into a building, usually by force, and stealing thingsusually by force, and stealing things

EmbezzlementEmbezzlement using illegally or using illegally or stealing money which you are stealing money which you are responsible for as part of your workresponsible for as part of your work

ExtortionExtortion getting money by threats getting money by threats

The difference is…The difference is…

RobberyRobbery stealing something using stealing something using force or threatening to use forceforce or threatening to use force

TheftTheft taking of property which taking of property which belongs to someone elsebelongs to someone else


Slander?Slander? Libel?Libel?


SlanderSlander: an untrue spoken : an untrue spoken statement which damages statement which damages someone’s charactersomeone’s character

Libel: Libel: a published or broadcast a published or broadcast statement which damages statement which damages someone’s charactersomeone’s character


Piracy?Piracy? Forgery?Forgery?


ForgeryForgery the crime of making an the crime of making an illegal copy of something such as illegal copy of something such as document or banknote to use as if it document or banknote to use as if it were realwere real

PiracyPiracy the activity of copying the activity of copying patented inventions or copyright patented inventions or copyright worksworks

Match the crimes to definitions:Match the crimes to definitions:

Arson, assassination, assault, Arson, assassination, assault, bigamy, blackmail, bribery, burglary, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, murder, perjury, piracy, robbery, slander, smuggling, theft, treasonslander, smuggling, theft, treason

Name the crimeName the crime

1._______acting in such a way as to 1._______acting in such a way as to make someone believe he or she will make someone believe he or she will be hurtbe hurt

2. ______betraying your country to a 2. ______betraying your country to a foreign powerforeign power

3. ______copying patented inventions 3. ______copying patented inventions or copyrighted worksor copyrighted works

4. _____entering a building illegally 4. _____entering a building illegally and stealing thingsand stealing things


5.____getting money from people by 5.____getting money from people by threatening to publicise facts they do not threatening to publicise facts they do not want revealedwant revealed

6. ____getting money from people using 6. ____getting money from people using threatsthreats

7. ____getting property or money from people 7. ____getting property or money from people by making them believe untrue thingsby making them believe untrue things

8. ___going through a ceremony of marriage 8. ___going through a ceremony of marriage when you are still married to someone elsewhen you are still married to someone else


9. ____killing a public figure illegally 9. ____killing a public figure illegally and intentionallyand intentionally

10. ____killing someone illegally and 10. ____killing someone illegally and intentionallyintentionally

11. ____killing someone 11. ____killing someone unintentionally or in mitigating unintentionally or in mitigating circumstancescircumstances

12. ____making an illegal copy of a 12. ____making an illegal copy of a banknote or documentbanknote or document


13. ___offering money corruptly to get 13. ___offering money corruptly to get someone to do something to help yousomeone to do something to help you

14. ___saying something which 14. ___saying something which damages someone’s characterdamages someone’s character

15. ____setting fire to a building15. ____setting fire to a building 16. ____stealing something by using 16. ____stealing something by using

force or threatening to use forceforce or threatening to use force 17. ____stealing, taking property 17. ____stealing, taking property

which belongs to someone elsewhich belongs to someone else


18. ____taking goods illegally into or out of a 18. ____taking goods illegally into or out of a countrycountry

19. ___telling lies when you have sworn an oath 19. ___telling lies when you have sworn an oath to say what is true in courtto say what is true in court

20. ___trying to find out secrets by illegal 20. ___trying to find out secrets by illegal meansmeans

21. ___using illegally or stealing money which 21. ___using illegally or stealing money which you are looking after for someone elseyou are looking after for someone else

22.___writing, publishing or broadcasting a 22.___writing, publishing or broadcasting a statement which damages someone’s statement which damages someone’s charactercharacter

2. Name the crime2. Name the crime

““I arrived home late and found that I arrived home late and found that I’d forgotten my keys. I didn’t want I’d forgotten my keys. I didn’t want to wake my wife up, and I saw there to wake my wife up, and I saw there was a ladder in the garden of the was a ladder in the garden of the house next door. I got the ladder and house next door. I got the ladder and climbed in. We’ve just moved house climbed in. We’ve just moved house and I didn’t realise I was in the wrong and I didn’t realise I was in the wrong street...”street...”


““I was walking my dog when I saw I was walking my dog when I saw the gun lying on the ground. I picked the gun lying on the ground. I picked it up – it was still warm – and at that it up – it was still warm – and at that moment I saw the body lying in the moment I saw the body lying in the long grass. I went across to look and long grass. I went across to look and it was my business partner. That’s it was my business partner. That’s when the police arrived...”when the police arrived...”


““I opened the bank account in a false I opened the bank account in a false name as a way to help my employer name as a way to help my employer pay less tax – it’s perfectly legal. I pay less tax – it’s perfectly legal. I kept meaning to tell him, but kept meaning to tell him, but somehow I just forgot. I bought the somehow I just forgot. I bought the villa in France with my own money. It villa in France with my own money. It was an inheritance...”was an inheritance...”


“”“”OK, so there are 123 copies of the OK, so there are 123 copies of the video. That’s perfectly true, but I had video. That’s perfectly true, but I had no intention of selling them. I’m a no intention of selling them. I’m a collector.”collector.”


““Well, this obviously isn’t my suitcase. Well, this obviously isn’t my suitcase. I’ve never seen these things before in I’ve never seen these things before in my life. The monogram? Well, they are my life. The monogram? Well, they are my initials, but that must be a my initials, but that must be a coincidence. That’s probably how the coincidence. That’s probably how the two cases got mixed up. After all, JA two cases got mixed up. After all, JA aren’t very unusual initials. A aren’t very unusual initials. A photograph with me in it? My word, photograph with me in it? My word, that’s incredible! It must be someone that’s incredible! It must be someone who knows me...”who knows me...”


““I didn’t know my wife was still alive, I didn’t know my wife was still alive, I thought she’d died in a car I thought she’d died in a car accident. I couldn’t believe it when I accident. I couldn’t believe it when I saw her walk into the room. Surely saw her walk into the room. Surely you don’t think I married you just to you don’t think I married you just to get your money...?”get your money...?”


You misunderstood me. When I You misunderstood me. When I offered him the money I meant it as offered him the money I meant it as a gift. I know that life can be difficult a gift. I know that life can be difficult for a young man on a police salary, for a young man on a police salary, especially if he has a family, young especially if he has a family, young children etc. It isn’t easy and I know children etc. It isn’t easy and I know that. I just wanted to help. I didn’t that. I just wanted to help. I didn’t expect him to do anything in expect him to do anything in return...”return...”

2. Name the crime2. Name the crime ““After leaving the office i realised I’d After leaving the office i realised I’d

forgotten my umbrella. I went back in to get forgotten my umbrella. I went back in to get it. When I went in I noticed that the it. When I went in I noticed that the photocopier was still turned on. It had been photocopier was still turned on. It had been working very badly all day, and I decided to working very badly all day, and I decided to quickly see what was wrong with it before quickly see what was wrong with it before going home. I made a few test copies of going home. I made a few test copies of documents that were in the office; I didn’t documents that were in the office; I didn’t even look at what I was copying. The machine even look at what I was copying. The machine seemed to be working much better. I put the seemed to be working much better. I put the copies in my briefcase – intending to use the copies in my briefcase – intending to use the other side as notepaper. I don’t believe in other side as notepaper. I don’t believe in wasting paper. At that moment Mr Sanders wasting paper. At that moment Mr Sanders came out of his office...”came out of his office...”


““I painted them for pleasure. I had no I painted them for pleasure. I had no intention of deceiving people. I never intention of deceiving people. I never said they were by other people. Yes, I said they were by other people. Yes, I did include the signatures of other did include the signatures of other artists but that’s because I wanted artists but that’s because I wanted them to be perfect copies...”them to be perfect copies...”


““Mr. Williams sent me the money to help Mr. Williams sent me the money to help me in my business venture – I’m trying to me in my business venture – I’m trying to start a design agency. He sent me start a design agency. He sent me cheques every month for $1200. A couple cheques every month for $1200. A couple of times he sent extra when I had special of times he sent extra when I had special expenses. It was always understood that expenses. It was always understood that he would participate in the profits of the he would participate in the profits of the business when it was running. We didn’t business when it was running. We didn’t write anything down, it was an oral write anything down, it was an oral agreement. The photographs I have of him agreement. The photographs I have of him with his secretary have no connection with with his secretary have no connection with these payments.”these payments.”

AssignmentAssignment

Write a defence for another crime Write a defence for another crime and show it to other students in your and show it to other students in your class. See if they can guess what class. See if they can guess what crime you are thinking of.crime you are thinking of.

crime unit 19. preview 1. definition 1. definition 2. purpose of criminal law 2. purpose of criminal...

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