1.4 Law Reform

Question 1

how can law reform occur?

Answer 1

creating a new law, amending an existing law, or repealing/removing old laws that are no longer needed

Question 2

give an example of new technology that influenced law reform.

Answer 2

The Crimes (Forensic Procedures) Act 2000 (NSW) → introduced to state the guidelines and procedures for forensic testing of criminal suspects.

Question 3

give an example of new concepts of justice that influenced law reform.

Answer 3

abolishment of capital punishment (the death penalty)

Question 3

what conditions give rise to law reform?

Answer 3

changing social values, new concepts of justice, new technology, and the relevance/development of international law

Question 3

give an example of the development of international law that influenced law reform.

Answer 3

The United Nations Convention on the Rights of the Child (1989) (CROC) - was signed and ratified by Australia which enabled law reform for children and young people.

Question 4

give an example of a changing social values that influenced law reform.

Answer 4

same sex relationships: Marriage Act 1961 (Cth) was amended to define marriage as “the union of two people”

Question 5

what are law reform commissions?

Answer 5

established by various parliaments, to report on matters referred to them under the terms of reference for a particular inquiry.

Question 5

what is retribution?

Answer 5

the sentence given to the offender matches the offence

Question 5

what do agencies of law reform investigate or influence?

Answer 5

the extent to which the law may need to be reformed

Question 6

what are the FIVE main agencies (influences) of law reform?

Answer 6

law reform commissions, parliamentary committees, the media, non-government organisations, lobby groups

Question 7

what is a standing committee?

(as a part of a parliamentary committee)

Answer 7

exists for the entirety of the time that the the body appointed to it is standing. They report and inquire on matters that are referred to them by the Senate or House of Representatives

Question 7

what are parliamentary committees (and what are the two types)?

Answer 7

established by both Houses of Parliament, who inspect government activity, including decisions, and the expenditure of public money. there are two types: standing committees and select committees

Question 8

what is a select committee?

(as a part of a parliamentary committee)

Answer 8

small committees elected and appointed for a particular purpose, or a once-only task. hears witnesses, examines the evidence and forms conclusions.

Question 8

what are non-governmental organisations and what do they provide as a seperate entity from the government?

Answer 8

formed voluntarily by individuals, are independent of the government, meaning they are under no obligation to conform to any government policies, providing un-bias information about various issues

Question 9

what is the media’s role in law reform?

Answer 9

allows the public to receive an accurate account of events that is occurring, allowing for citizens to pressure governments to address injustices, incompetence, corruption, and politics

Question 9

what are lobby groups and what do they try to do?

Answer 9

organised group of people who try to influence governmental members to advance their group’s agenda (social/political), such as changing the law, keeping an existing law, or introducing a new law.

Question 10

what are the FOUR mechanisms (actions/changes) of law reform?

Answer 10

courts, parliaments, the United Nations, intergovernmental organisations

Question 10

what are the positives of charge negotiation?

Answer 10

time/resource efficient, increase crime conviction rates, reduce costs involved in the trial (positive for the victim as not as confronting, positive for the community as cheaper for taxpayers),

Question 11

what is the parliaments role in creating law reform and where does this motivation come from?

Answer 11

through the passage of Bills. the majority of the motivation towards this change usually from the conditions and agents of law reform.

Question 11

what is the United Nations role in creating law reform (in Australia)?

Answer 11

when Australia starts a treaty by passing legislation that accounts for its international responsibilities.

Question 11

what are the courts role in creating law reform?

Answer 11

courts-made law through precedent (e.g. Mabo v Queensland (No 2) [1992] HCA 23)

Question 12

why was charge negotiation implemented?

(e.g. what was it’s aim)

Answer 12

aimed to reduce court delays (improve resource efficiency)

Question 12

what is charge negotiation?

Answer 12

an agreement between the accused and the DPP involving the acceptance of a guilty plea in exchange for something else (e.g. reduced sentence)

Question 13

what are intergovernmental organisations role in creating law reform?

Answer 13

many are subsidiaries (a branch) of the United Nations who meet and decide upon certain international issues, contributing to law reform through the promotion and development of treaties on a global and regional scale.

Question 14

what is the reformed legislation for charge negotiation?

Answer 14

The Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 → was previously known as the Crimes (Sentencing Procedure) Act 1999.

Question 14

what is the case study related to charge negotiation?

Answer 14

R v Loveridge (2013)

Question 15

what are the negatives of charge negotiation?

Answer 15

possible pressure/manipulation to accept guilty plea, lower/lesser sentence does not seek retribution/justice for victims family

Question 16

what are the case details relating to R v Loveridge (2013)

Answer 16

assaulted 5 people, and killed an 18-year-old boy. he was initially charged with murder, but pleaded guilty and the charge brought down to manslaughter and initially given sentence of 5 years imprisonment. however, the DPP appealed on the leniency of sentence, and it was increased to 10 years

Question 17

what is the No Body, No Parole’ law?

Answer 17

a parole order must not be made for a homicide offence where the offender has not cooperated with the police in locating the victim’s body.

Question 18

what is the analysis of the R v Loveridge (2013) case?

(positives and negatives)

Answer 18

effective in secured a guilty plea which promotes resource efficiency in the court as lengthy & costly trial is skipped, however the initial sentence through charge negotiation, impacted justice for the victim and community as it doesn’t meet society’s expectations of the law.

Question 19

what is the reformed legislation for the implementation of No Body, No Parole’ laws?

Answer 19

The Crimes (Administration of Sentences) Amendment (No Body, No Parole) Act 2022, amended the Crimes (Administration of Sentences) Act 1999

Question 20

what are the positives of No Body, No Parole’ laws?

Answer 20

offers prisoners incentives, providing closure to family → achieving justice for the victim

Question 21

what are the negatives of No Body, No Parole’ laws?

Answer 21

lack evidence to support effectiveness, doesn’t provide justice for those wrongfully convicted, and may offer false hope to victims’ families

Question 22

what case study relates to ‘No Body, No Parole’ laws?

and what did this essentially introduce?

Answer 22

R v Dawson (2022) → essentially introduced ‘No Body, No Parole’ laws into NSW

Question 23

what are the case details relating to the R v Dawson (2022) case?

(and how was the case reignited?)

Answer 23

originally occurred in 1982, when a Cromer High PE teacher was accused of having and affair with his student/babysitter. his wife, Lynette Dawson, later goes missing. the case was later reignited by the ‘Teacher’s Pet Podcast’

Question 24

what was the sentence outcome of the R v Dawson (2022) case?

Answer 24

24 years imprisonment for murder, 18 years non-parole, plus an additional 3 years for having an affair with a minor → in total, 27 years