Types of Crime (VCE SSCE Legal Studies): Revision Notes
Types of Crime
Crimes in Australia can be grouped in different ways to help law enforcement agencies, government departments, and courts understand and track criminal behaviour. There are three main approaches to classifying crimes, each serving a specific purpose in the legal system.
How crimes are classified
Criminal offences can be categorized according to:
- The social purpose (or nature) of the offence – what the crime targets or harms
- The type of offender or victim – who commits the crime or who is affected
- The seriousness of the offence – how serious the crime is under the law
These classification systems help agencies like Victoria Police and the Crime Statistics Agency monitor crime levels and patterns across Victoria.
Crime statistics refers to information collected by authorities (such as police) and analyzed to track crime levels in the community. This data also monitors the types and levels of sentences given to convicted offenders.
Classification by social purpose (or nature)
This classification system groups crimes based on what they harm or target – whether individuals, property, society, public order, the justice system, or other interests. The Crime Statistics Agency, which is responsible for processing and publishing Victorian crime statistics, uses this approach.
The six divisions of crime
The Crime Statistics Agency classifies crimes into six broad divisions:
Division A: Crimes against the person
- Purpose: Protecting individuals from harm
- Examples: Homicide (including murder and manslaughter), assault, sexual offences, dangerous and negligent acts endangering people, stalking, harassment and threatening behaviour
- Real-world example: Aggravated carjacking (carjacking involving a weapon or resulting in injury) falls under this category because it directly harms individuals
Division B: Property and deception offences
- Purpose: Protecting property
- Examples: Arson, property damage, burglary or breaking and entering, theft, deception and bribery
- Real-world example: Arson is classified here because it destroys or damages property
Division C: Drug offences
- Purpose: Protecting society
- Examples: Dealing and trafficking drugs, manufacturing drugs, drug use and drug possession
- Note: These crimes are seen as harming the wider community rather than just individuals
Division D: Public order and security offences
- Purpose: Maintaining public order and security
- Examples: Weapons and explosives offences, public security offences (such as terrorism offences), disorderly and offensive conduct
- Note: These crimes disrupt public safety and peace
Division E: Justice procedures offences
- Purpose: Protecting justice and the rule of law
- Examples: Perjury (giving false evidence under oath) and contempt of court
- Note: These crimes undermine the legal system itself
Division F: Other offences
- Purpose: Protecting rights and cultures, and improving society
- Examples: Regulatory driving offences (such as drink-driving, dangerous driving and driving under the influence of drugs or alcohol) and transport regulation offences (such as travelling without a valid ticket)
This classification system helps authorities track trends and allocate resources effectively across different types of criminal activity. Understanding these divisions enables law enforcement to develop targeted strategies for preventing and responding to crime.
Classification by type of offender or victim
When crimes are committed by, or affect, specific social groups, they gain particular attention from media, law enforcement, government and the community. These crimes are often labeled as specific categories that need monitoring and targeted responses.
Cyber-crime
Cyber-crime is a criminal offence in which the use of computers or information communication technologies (ICT) is an essential and central part of the offending.
Cyber-crimes (also called e-crimes) involve the use of computers or electronic systems to commit offences. Common examples include:
- Online fraud
- Creation of malicious software (malware and viruses)
- Computer hacking to dishonestly obtain personal financial data
These crimes have become increasingly prevalent as technology advances and more aspects of life move online. Law enforcement agencies have developed specialized cyber-crime units to investigate and prosecute these offences.
Prejudice motivated crime
Prejudice motivated crime is a criminal offence motivated by prejudice, intolerance and bias towards the victim (for example, because of their race, religion, sex, age, or sexual or gender identity).
Sometimes referred to as hate crimes, these offences target individuals or groups based on personal characteristics. They can have devastating impacts not only on individual victims but also on wider communities, increasing feelings of insecurity and fear. Examples include racial and religious vilification.
Case Study: Victorian man sentenced for 'vile' behaviour
In August 2022, a 29-year-old Victorian man pleaded guilty to public nuisance after placing more than 50 Nazi swastika stickers throughout the Melbourne suburb of Caulfield, which has a large Jewish community. The offender received an 18-month community correction order (a flexible, non-custodial sanction that the offender serves in the community with conditions attached), requiring 200 hours of community service and no reoffending.
During sentencing, the magistrate described the offending as "one of the most disgusting, vile, repugnant acts of anti-Semitism and racial behaviour" he had ever seen. The magistrate noted that without the guilty plea (when an offender formally admits guilt, which is then considered by the court when sentencing), a prison sentence would have been imposed.
This case occurred shortly after the Victorian Government introduced a bill (a proposed law presented to parliament) to ban public display of Nazi symbols. The bill became law in June 2022, with penalties of up to approximately $23,000 and/or maximum 12 months' imprisonment for displaying Nazi ideology symbols.
Organised crime
Organised crime is a criminal offence undertaken in a planned and ongoing manner by organised syndicates or gangs.
These crimes are carried out by criminal syndicates with their own rules, leadership structures and members. They may operate locally, nationally or internationally. Common activities include:
- Drug manufacturing and trafficking
- Money laundering
- Sale of illegal firearms
- Illegal prostitution and gambling
Case Study: Drugs imported by criminal gang members
In 2008, two farmers from Griffith, NSW – Pasquale ('Pat') Barbaro and Saverio Zirilli – were convicted of attempting to import 4.4 tonnes of ecstasy (approximately 15 million pills) hidden in cans of Italian peeled tomatoes. They pleaded guilty to three drug offences in the Supreme Court of Victoria. The estimated street value was $122 million, making it the largest ecstasy seizure in Australia at that time.
The Court heard that Barbaro led a criminal gang with Zirilli as his "right-hand man". Evidence suggested connections to an international crime organisation. Barbaro received life imprisonment with a 30-year non-parole period, while Zirilli received 26 years' imprisonment with an 18-year non-parole period. Their co-offenders also received lengthy prison sentences.
Both men unsuccessfully appealed to the Victorian Court of Appeal and High Court of Australia. In 2019, a Royal Commission (the highest form of inquiry into matters of public concern, established by government with wide investigative powers) into Police Informants revealed that Victoria Police may have used information from a police informant – barrister (an independent lawyer with specialist advocacy skills) Nicola Gobbo, known as 'Lawyer X' – who was their defense lawyer. The men lodged appeals claiming they didn't receive fair trials because their lawyer secretly assisted police. As of July 2023, the appeal process remained in progress with both men still in prison.
Juvenile crime
Juvenile crime is a criminal offence undertaken by a young person aged between 10 and 18 years.
Common juvenile crimes include:
- Fare evasion
- Assault
- Property damage (graffiti, vandalism)
- Theft (shoplifting, bicycle theft, motor vehicle theft)
The legal system treats juvenile offenders differently from adults, recognizing their age and developmental stage. This approach focuses on rehabilitation and the potential for young offenders to reform their behaviour.
White-collar crime
White-collar crime is a criminal offence undertaken by people who work in government, in businesses or in the corporate world.
These offenders are often well-paid and hold trusted positions of employment. They use their position and influence to gain financial advantage. Common white-collar crimes include:
- Theft
- Fraud
- Tax evasion
- Investment scams
Classification by seriousness of the offence
The final classification method categorizes crimes by their severity under law. This determines which court will hear the case and what procedures will be followed.
Indictable offences
Indictable offence is a serious offence generally heard before a judge and a jury in the County Court or Supreme Court of Victoria.
These are the most serious crimes under Victorian law. They typically involve significant harm to individuals, property or society. The maximum penalties for indictable offences are generally high, reflecting their seriousness.
Summary offences
Summary offence is a minor offence generally heard in the Magistrates' Court.
These are less serious crimes handled more quickly through the court system. They are heard by a magistrate sitting alone, without a jury. Penalties are generally lower than for indictable offences.
Case Study: Anti-lockdown protester jailed
In June 2022, a County Court judge sentenced a 42-year-old man to 26 months and 14 days in prison (with a 20-month non-parole period) after he pleaded guilty to multiple offences. The charges included:
Indictable offences:
- Assaulting an emergency worker on duty
- Knowingly possessing an explosive substance for unlawful purposes
- Recklessly causing injury
Each of these indictable offences carried a maximum penalty of five years' imprisonment under the Crimes Act 1958 (Vic).
Summary offences: The offender also pleaded guilty to nine summary offences, including:
- Cruelty to an animal
- Four charges of possessing a prohibited weapon
The offender gave consent for the County Court to deal with these summary offences.
The charges arose from the offender's attendance at two anti-lockdown protests in Melbourne during the 2020-21 COVID-19 pandemic. At the October 2020 protest, the offender breached lockdown restrictions (which banned gatherings of more than 10 people and required 1.5 meters social distancing). He pushed through a police roadblock, struggled with a police officer, used obscene language, removed an officer's cap, and struck a police horse with a flagpole. These incidents were captured on police body cameras.
Three weeks later, police searched his home and seized various prohibited items including an extendable baton, two flick-knives, cans of capsicum spray and firecrackers.
At the July 2021 protest (attended by approximately 3000 people), the offender injured a police officer and endangered others by throwing an orange bollard into the air.
During the plea hearing (where the judge hears about relevant sentencing factors), the Court learned the offender had previous convictions and prison time, but also had solid employment history, cared for his brother, and had undertaken voluntary community work.
This case demonstrates how a single offender can be charged with both indictable and summary offences, with the more serious indictable offences determining which court hears the case.
Key Points to Remember:
- Three classification systems: Crimes can be classified by social purpose, type of offender/victim, or seriousness
- Six divisions by social purpose: Crimes against the person, property and deception offences, drug offences, public order and security offences, justice procedures offences, and other offences
- Five categories by offender/victim type: Cyber-crime, prejudice motivated crime, organised crime, juvenile crime, and white-collar crime
- Two levels of seriousness: Indictable offences (serious, heard in County or Supreme Court with judge and jury) and summary offences (minor, heard in Magistrates' Court by magistrate alone)
- Multiple classifications possible: A single crime can be classified in multiple ways – for example, organized drug trafficking is a Division C (drug) offence, an organised crime, and an indictable offence
- Classification helps tracking: These systems enable authorities to monitor crime trends, allocate resources effectively, and develop targeted responses to different types of criminal behaviour