law in practice Flashcards
what is discretion?
the power of a judge to make decisions based on their opinion and legal guidelines
what are mitigating factors?
factors that decrease the severity or culpability of a criminal act
what are aggravating factors?
factors that increase the severity or culpability of a criminal act
what is bail
when an accused is released from custody under certain conditions.
what is remand
when an accused is held in custody before and during their trial
what is charge negotiation?
a process of negotiating charges faced at trial in exchange for a guilty plea to a lesser charge.
what is mandatory sentences
fixed penalties set by parliament for certain offences, restricting judicial discretion
what is the thomas kelly case study
case involving the killing of thomas kelly by kieran loveridge, highlighting sentencing and legal system effectiveness
what is violence
behaviour involving physical force intended to hurt, damage, or kill
what is coercive control
pattern of behaviours used to gain control and power by eroding autonomy and self-esteem
what is sexual violence
sexual acts carried out against a persons will through force, intimidation, or coercion
what is financial abuse
using finances to gain power over someone else
what is image-based violence
sharing intimate images without consent
what is informed consent
consent provided freely and voluntarily with adequate information and understanding
what are vulnerable groups
groups more likely to experience violence or face barriers in coping with domestic violence
what is domestic violence
violent, abusive, or intimidating behaviours by a partner, carer, or family member to control or cause fear
what is the crimes (domestic and personal violence) act 2007 (NSW)
legislation setting definitions and processes for obtaining ADVOs and rules related to domestic violence
what are ADVOs
apprehended domestic violence orders with mandatory conditions to protect victims
what is the amount of time specified by court
timeframe specified by the court in an apprehended domestic violence order (ADVO)
what is the default period for -18 defendant
if not specified the default period for a defendant under 18 is an ADVO is 1 year
what is the default period for 18+ defendant
if not specified, the default period for a defendant 18 or older in an ADVO is 2 years
what is an indefinite ADVO
an advo that can be ongoing if there is a continuous risk of death or serious harm that cannot be mitigated by a limited duration
what are penalties of breaching an ADVO
arrest, trial, $5,500 fine, and/or imprisonment for up to 2 yesrs
what are effectiveness of ADVOs
ADVOs are effective in protecting some victims from prescribed behaviours, but breaches can have devastating consequences; effectiveness also depends on resolution of criminal charges, conviction rates, and effective detterents
what are the advantages of ADVOs
immediate civil response to domestic violence, priorities victim safely, easy to obtain, enforceable nationwide, plain english ADVOs, tailored to victim needs, and act as a deterrence
what are disadvantages of ADVOs
lack of enforceability leading to breach rates, victim fear of repercussions, and failure to protect individual rights
r v de beyer (2017) NSWSC
case where ms mischelutti was killed by mr de beyer shortly after obtaining an ADVO, highlighting lack of enforceability
r v silva (2015) nswsc
case where silva killed her partner due to fear of repercussions for reporting domestic violence, showcasing the effectiveness of legal methods
r v goodbun (2020) nswcca
case where keith goodbun breached an ADVO by murdering his wife, demonstrating the ineffectiveness of ADVOs in some cases
what was ADVOs written in plain english
reform to make ADVOs easily understandable or increase accessibility and efficiency in legal processes
what are police powers reform
allowing police to give provisional AVOs and detain alleged perpetrators for up to 2 hours for serving the AVO
what is a enforceable nationwide reform
recognition and enforcement of all ADVOs nationwide to protect the person in need of protection (PINOP)
what is domestic violence in chief (DVEC)
legislation giving police powers to film DV incidents for evidence, ensuring consent and transparency
what is the crimes amendment (strangulation) act 2014 (NSW)
reform removing requirements for proving strangulation in DV cases or better protect victims
what is the crimes amendment (strangulation) act 2014 (NSW)
reform removing requirements for proving strangulation in DV cases or better protect victims
what is the crimes legislation amendment (coercive control) act 2022 (NSW)
criminalising coercive control with penalties up to 7 years in prison
what are media responses to domestic violence
creating public awareness, influencing social attitudes, acting as a watchdogs, and pressuring for legal reforms
what is 1800RESPECT
australia’s national domestic violence counseling service providing a 24-hour hotline, counseling, and information
what is counting dead women australia
initiative tracking the number of australian women dying due to violence to raise awareness and pressure for change
