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5CHAPTER Criminal law UNDERSTANDINGS By the end of this part, you should be able to explain: • what is ‘criminal law’ • why criminal law exists • what a crime is • where the criminal law is found. What is criminal law? In simple terms, crime can be defi ned as a wrong against society. Society has developed a system of rules that it has agreed should be followed, so that society can work properly. These rules generally refl ect community attitudes omissions things a person did that particular actions or failures to act (omissions) are wrong, and that if not do but should have done someone does those actions or is responsible for these failures, they should be punished. Together these rules are known as the criminal law. Note that from now on reference to ‘acts’ includes failure to act. It is poss- ible for a person to be charged with a criminal offence because they did not do something. For example, a parent can be charged with an offence if they neglect their child. The body of rules that is known as the criminal law sets out: (a) which actions are considered by society to be criminal (b) whether there are any circumstances in which such actions might be excused (c) which actions are not considered by society to be criminal (d) the consequences if a person commits a crime. One important reason for having criminal law is that it makes people in society feel safe. Criminal behaviour threatens society. If a member of society could kill other people or steal their belongings, and not be punished, citizens would be living in fear. This would not create a good society. By having rules that punish actions that society thinks are ‘wrong’, society is made safer, and people are made to feel more comfortable. Another important reason for having criminal law is morality. We saw in Section A that laws refl ect the values of society, including social values, moral values and economic values. Moral values have a great infl uence on the criminal law, because many actions that the law says are criminal are also actions that many people in society would consider to be immoral. CHAPTER 5 Criminal law 141 HOT SPOT What would be the consequences for society if the law was based on morality that most of society did not agree with? One problem with basing law on a particular view of morality is that each individual person may have a different view of morality. What one person might think is immoral and therefore ‘wrong’ behaviour, another might think is entirely moral. For example, one person might consider that it is very dis- honest and ‘wrong’ behaviour to catch a train without having bought a ticket. Another person might think that this is quite acceptable. Further, there are many different cultures in Australian society, with different views of what is right and wrong. These factors can make it diffi cult to rely solely on society’s morality as a basis for making laws. Think about what you would do if you knew you could steal another per- son’s property and not get caught or punished. Would you do it? Be honest! ACTIVITY 2 e (Individually, then whole class) This activity is designed to show that different people have different ideas about what is ‘moral’ and what is ‘immoral’. What would you do in the following cases? What factors do you think would influence your behaviour? Make a note of your first reaction, and what you decide as a class. 1. Extra change is given to you by a shop assistant. 2. As in question 1, but you know the assistant will have to make up the difference out of his or her wages if the register does not contain the correct amount at the end of the day. 3. As in question 2, but you knew the assistant. 4. As in question 2, but you disliked the assistant. 5. You walk out of a coffee shop without paying your bill, because staff are in the kitchen. 6. More money is given to you by the automatic teller machine than you have withdrawn from your account. What is crime? An action may be defi ned as a crime for one of three main reasons: (a) society thinks it is morally wrong (b) it interferes with the rights of another person (c) society could not function properly unless it was considered to be wrong, and people who did it were punished. An action can be a crime for a combination of these reasons. An example of an action defi ned as a crime for the fi rst reason might be murder. Almost everyone would consider that in most (or all) cases, killing another person is morally wrong. 142 SECTION B Crime and society An example of an action defined as a crime for the second reason might be stealing. If I steal another person’s car, I interfere with that person’s right to use it. An example of an action defined as a crime for the third reason might be driving through a red light. If citizens could ignore traffic signals if they wished, and not be punished for it, travelling on roads would be extremely dangerous and society would not be able to function properly. Although most of the time most people agree that certain actions should or should not be crimes, for one or more of the above reasons sometimes it can be more difficult to decide. Examples of issues where there is debate are abortion, euthanasia, homosexual behaviour, suicide, drug use, prostitution, pornography, and gambling. ACTIVITY 3 k c (In pairs) Discuss whether any or all of the activities below should be classified as criminal. Determine why society has classified them as crimes by referring to the three reasons presented above. EXAMPLE An accountant steals money from clients, to pay for expensive holidays and luxury cars. ANSWER This should be a crime for reason (b): the accountant is interfering with the property rights of others (the clients). 1. Paying a bill with a cheque that ‘bounces’, that is, you know you do not have enough money in your bank account to pay the value of the cheque. 2. Driving while talking on your mobile phone 3. Speeding 4. Holding up a petrol station 5. Drink driving without a driver’s licence 6. Accessing pornography on the internet 7. Creating a terrorist hoax 8. Working as a prostitute 9. Physically attacking a person 10. Persistently following and disturbing a person 11. Illegally downloading music from the internet 12. Writing graffiti on public property ACTIVITY 4 i e (Individually, then in small groups) Place the actions listed in activity 3 above in order from the least serious to the most serious. What factors have you considered in ranking the offences? Compare your list with that of other group members. You can see that there can be disagreement between members of society about whether certain actions should be called crimes or not. Why do you think this is? Even parents, who you would expect to be responsible and law- abiding citizens, can disagree with the criminal law. CHAPTER 5 Criminal law 143 Parents cheer for hoons on highways by Greg Stolz, Gold Coast Bureau chief PARENTS of hoons are forming roadside cheer ‘The message has gone out loud and clear that if squads to encourage their children to fl out the law you come into Queensland from NSW or any other in a practice attacked yesterday by Queensland state and you want to play up, you run the risk, Police Minister Tony McGrady. too, of having your car impounded,’ Mr McGrady Some parents were setting up chairs by the road- said. side to watch as their children took over roads with He said the latest seizures also sent a message rolling blockades, Mr McGrady said yesterday. to hoons ‘who think they’re going to take over the He was speaking after police seized 16 cars in roads of Queensland’. southeast Queensland at the weekend under the ‘If you want to play your games do so, but just state’s new anti-hooning legislation. remember that we are having blitzes in various parts The seizures brought to more than 400 the of the state and, in particular down here on the Gold number of cars impounded by police since the Coast where we’re doing this every weekend and hooning laws came into force last October. during the week as well,’ Mr McGrady said. The Gold Coast has proved to be the state’s ‘These people are a menace and a danger on our hooning hot-spot, with 140 cars confi scated on the streets. tourist strip. ‘Hoons will soon learn that they can’t keep Most of the cars seized in Queensland over the treating the roadways as raceways or their car will past seven months have been taken off the road for be gone for good.’ 48 hours, but three have been confi scated for three Mr McGrady said he and Police Commissioner months after their owners were caught hooning a Bob Atkinson had recently witnessed a late-night second time. gathering of hoons where parents set up chairs on Under the anti-hooning laws, offenders have the roadside to watch their children forming rolling their cars confi scated for 48 hours for a fi rst offence, blockades. three months for a second offence and permanently ‘It’s quite amazing and sad,’ he said. for a third offence. Murwillumbah teenager Michael Newell, whose Mr McGrady yesterday toured a Gold Coast Commodore was impounded for street racing at towing yard with senior police to show off the latest Palm Beach on Saturday night, said he accepted he haul of impounded vehicles.

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