law in practice

Question 1

what is discretion?

Answer 1

the power of a judge to make decisions based on their opinion and legal guidelines

Question 2

what are mitigating factors?

Answer 2

factors that decrease the severity or culpability of a criminal act

Question 3

what are aggravating factors?

Answer 3

factors that increase the severity or culpability of a criminal act

Question 4

what is bail

Answer 4

when an accused is released from custody under certain conditions.

Question 5

what is remand

Answer 5

when an accused is held in custody before and during their trial

Question 6

what is charge negotiation?

Answer 6

a process of negotiating charges faced at trial in exchange for a guilty plea to a lesser charge.

Question 7

what is mandatory sentences

Answer 7

fixed penalties set by parliament for certain offences, restricting judicial discretion

Question 8

what is the thomas kelly case study

Answer 8

case involving the killing of thomas kelly by kieran loveridge, highlighting sentencing and legal system effectiveness

Question 9

what is violence

Answer 9

behaviour involving physical force intended to hurt, damage, or kill

Question 10

what is coercive control

Answer 10

pattern of behaviours used to gain control and power by eroding autonomy and self-esteem

Question 11

what is sexual violence

Answer 11

sexual acts carried out against a persons will through force, intimidation, or coercion

Question 12

what is financial abuse

Answer 12

using finances to gain power over someone else

Question 13

what is image-based violence

Answer 13

sharing intimate images without consent

Question 14

what is informed consent

Answer 14

consent provided freely and voluntarily with adequate information and understanding

Question 15

what are vulnerable groups

Answer 15

groups more likely to experience violence or face barriers in coping with domestic violence

Question 16

what is domestic violence

Answer 16

violent, abusive, or intimidating behaviours by a partner, carer, or family member to control or cause fear

Question 17

what is the crimes (domestic and personal violence) act 2007 (NSW)

Answer 17

legislation setting definitions and processes for obtaining ADVOs and rules related to domestic violence

Question 18

what are ADVOs

Answer 18

apprehended domestic violence orders with mandatory conditions to protect victims

Question 19

what is the amount of time specified by court

Answer 19

timeframe specified by the court in an apprehended domestic violence order (ADVO)

Question 20

what is the default period for -18 defendant

Answer 20

if not specified the default period for a defendant under 18 is an ADVO is 1 year

Question 21

what is the default period for 18+ defendant

Answer 21

if not specified, the default period for a defendant 18 or older in an ADVO is 2 years

Question 22

what is an indefinite ADVO

Answer 22

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

Question 23

what are penalties of breaching an ADVO

Answer 23

arrest, trial, $5,500 fine, and/or imprisonment for up to 2 yesrs

Question 24

what are effectiveness of ADVOs

Answer 24

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

Question 25

what are the advantages of ADVOs

Answer 25

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

Question 26

what are disadvantages of ADVOs

Answer 26

lack of enforceability leading to breach rates, victim fear of repercussions, and failure to protect individual rights

Question 27

r v de beyer (2017) NSWSC

Answer 27

case where ms mischelutti was killed by mr de beyer shortly after obtaining an ADVO, highlighting lack of enforceability

Question 28

r v silva (2015) nswsc

Answer 28

case where silva killed her partner due to fear of repercussions for reporting domestic violence, showcasing the effectiveness of legal methods

Question 29

r v goodbun (2020) nswcca

Answer 29

case where keith goodbun breached an ADVO by murdering his wife, demonstrating the ineffectiveness of ADVOs in some cases

Question 30

what was ADVOs written in plain english

Answer 30

reform to make ADVOs easily understandable or increase accessibility and efficiency in legal processes

Question 31

what are police powers reform

Answer 31

allowing police to give provisional AVOs and detain alleged perpetrators for up to 2 hours for serving the AVO

Question 32

what is a enforceable nationwide reform

Answer 32

recognition and enforcement of all ADVOs nationwide to protect the person in need of protection (PINOP)

Question 33

what is domestic violence in chief (DVEC)

Answer 33

legislation giving police powers to film DV incidents for evidence, ensuring consent and transparency

Question 34

what is the crimes amendment (strangulation) act 2014 (NSW)

Answer 34

reform removing requirements for proving strangulation in DV cases or better protect victims

Question 35

what is the crimes amendment (strangulation) act 2014 (NSW)

Answer 35

reform removing requirements for proving strangulation in DV cases or better protect victims

Question 36

what is the crimes legislation amendment (coercive control) act 2022 (NSW)

Answer 36

criminalising coercive control with penalties up to 7 years in prison

Question 37

what are media responses to domestic violence

Answer 37

creating public awareness, influencing social attitudes, acting as a watchdogs, and pressuring for legal reforms

Question 38

what is 1800RESPECT

Answer 38

australia’s national domestic violence counseling service providing a 24-hour hotline, counseling, and information

Question 39

what is counting dead women australia

Answer 39

initiative tracking the number of australian women dying due to violence to raise awareness and pressure for change