Cases

Question 1

DISCRETION —> Mitigating circumstances

Answer 1

R v Silva (2015)
= Murder-> manslaughter (Victim trauma

R v Gittany (2014)
= Investigation of evidence -> Evidence Act 1995

Question 2

ARTICLES

JUDICIAL DISCRETION

POLICE DISCRETION

Answer 2

An unfair discretion? -> asses discretion for not testing cases consistently

Police discretion is an issue in injured bystanders suit ‘ -> police discretion was negligent LEPRA

Question 3

INVESTIGATING CRIME

failure to follow procedures -> interviewing minor

Answer 3

R v Pungh and Hyun (2001) = evidence became inadmissible

Question 4

WARRANTS

Answer 4

Office of ombudsman-> invasion of privacy argued

Question 5

INTERNATIONAL CRIME

Answer 5

Myruan sukamarin

International Criminal tribunal former Yugoslavian (ICTY) =most successful icc case

Question 6

CRIMINAL TRIAL PROCESS EFFECTIVENESS

LEGAL AID

Answer 6

Dietrich v the Queen (1992) —> Trials unfair without legal aid

Question 7

Defences to Criminal charges

PARTIAL

COMPLETE

Answer 7

The Queen v Falconer (1990)
Impaired cognitive function

R v Farrow (2014)
Under psychosis when commuting act -> charges dropped

Question 8

DOLI INCAPAX

Answer 8

Jamie Bulger case -> crime and disorder act UK abolished rebuttable presumption

Question 9

RIGHTS OF CHILD

Answer 9

R v Pung Huyn (2001) -> interviewing minor judge fail -> evidence inadmissible