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Legal notes and multi mistakes > LCDMI memorise (Crime) > Flashcards

LCDMI memorise (Crime) Flashcards

1
Q

Consorting Amendment and what it did

A

2012 Crimes Amendment (consorting and organised crime)- Police can punish people for up to 3 years for consorting

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2
Q

Consorting SMH article 2014 title

A

‘Motorcycle gang laws overwhelmingly target Indigenous Australians, police watch dog reveals’

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3
Q

Consorting laws 2014 article LECC details

A

“The LECC (law enforcement conduct commission) found that within the first year of the introduction of the law that 40% of people subjected to it were indigenous”

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4
Q

Consorting (Ombudsmen 2016)

A

By 2016 the ombudsman found that there was no change instead concluding that the first 100 warnings were wrongfully issued

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5
Q

Search and Seziure Amendment

A

Law enforcement (powers and responsibilities) Amendment (search powers) Act 2009

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6
Q

Buttrose article title

A

‘Buttrose charged after cocaine cash raid’ SMH 2009

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7
Q

Buttrose article details

A

“Raids on his property in Darlinghurst and Paddington uncovered cocaine with a street value of up to 10 million and 1.3 million in cash” - highlights effectiveness of covert searches (use of warrants)

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8
Q

Strip searching article

A

Community Legal Centre 2021 Article ‘Rethinking Strip searching’

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9
Q

Details of article

A

“Less than 16.5% of charges result in charges of drug supply”

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10
Q

SMH 2016 ‘The dogs dont work’

A

“The NSW police force has spent over $66million on their drug detection unit since 2010”

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11
Q

Dogs dont work 2014 stats

A

of all of the ~15,000 searches conducted in 2014 74% of them resulted in no drugs being found

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12
Q

Covid powers

A

Civil Defence Emergency Act 2002- gave police the power to prosecute people if they breach rules

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13
Q

Covid article 2021

A

“Ridiculous: NSW police accused of handing out unfair covid fines and targeting young people”

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14
Q

Terrorism amendment

A

Terrorism (police powers) amendement (investigative detention) bill 2016

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15
Q

What does the terrorism bill do and what does it remove

A

People suspected of terrorism can be detained for up to 14 days without charge- this removes the presumption of innocence (impinges on rights)

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16
Q

Reporting Crimes SA BOSCAR stats comparison

A

2019 was ~ 14,000 and 2023 was ~16,000

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17
Q

Why has there been a shift in states

A

2022 Affirmative consent bill and Chanel Contos advocating for better education (still isnt good enough- needs more programmes)

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18
Q

Crime stoppers Covid- programme and article

A

Crime stoppers introduced ‘Strike force Travel stop’ during covid to assist with breaches of rules + SMH 2021 “strike force travel stop has already issued mulitiple $1000 infringement notices” - this was in relation to the illegal marourba party during lockdown

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19
Q

Crime stoppers ‘Dob in a Dealer’ introduced 2016

A

An anonmyous platform to report methamphetamine and drug related crime

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20
Q

According to the crime stoppers website

A

Between 2018-2019 there was a 65% increase in drug related reports

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21
Q

Meanwhile a 2019 City Hub article stated in relation to the campagin that

A

“almost all evidence suggests that further criminalisation of drugs causes harm as it forces drug supply underground leading to more toxic and harmful substances being supplied and suppliers being rewarded due to the risk of supplying” Dr from NSW council of liberties

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22
Q

The aspects of investigating crime and why they are important

A

The conviction of the accused pertain to the effectiveness of the investigative process:

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23
Q

Gathering evidence

A

To support the charges in court

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24
Q

Use of technology

A

To effectively prove all charges

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25
Q

Conduction of Search and Seizure

A

To ensure all evidence of the crime are accounted for

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26
Q

Use of Warrants

A

To gather all potential evidence

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27
Q

Evidence Act?

A

Evidence Act 1995 (NSW) - All evidence must be obtained lawfully and not obstruct the rights of civilians

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28
Q

Obtaining evidence article on DNA

A

2020 ABC article discusses how the DNA of the Claremont serial killings was contaminated by scientists

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29
Q

R v Jama 2009

A

Jama was wrongfully convicted of sexually assault on the sole basis of DNA evidence

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30
Q

Murder of victorian women- accused wasnt sentenced due to inadmissible evidence

A

“The murder of a woman whos bloodied body was found by her 5 year old son will never be solved due to a “laboratory bungle” that ruined the DNA found in her home”

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31
Q

Use of technology- CCTV

A

R v Loveridge - CCTV footage captured the fatal punch that killed Thomas Kelly - sentenced to 4 years imprisonment and lead to mandatory sentencing law surrounding crimes of intoxication

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32
Q

Original Bail Act

A

Bail laws were originally outlined in Bail Act 1978 which enforced strict bail regulations and favoured bail over remand. The issue with this was it let out potential offenders into the community thus risking the safety of society.

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33
Q

Bail Amendment 2013

A

introduced the ‘Unacceptable risk’ test which outlined if the accused was a risk to society

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34
Q

Man Moris under bail laws 2013

A

Under the ‘unacceptable risk’ test Man Morris was granted bail after waiting for his trial of accessory to murder of his ex-wife - during this time he committed the lint cafe seige

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35
Q

Man Moris under bail laws 2013- article

A

SMH article published in december 2013 states under “stronger bail laws this dangerous man would have been kept behind bars”

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36
Q

Further Amendended in 2014

A

Bail Amendment 2014 Act - introduced the ‘show case’ procedure which made the accused responsible for proving why they should be granted bail

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37
Q

What was wrong with the 2014 Bail Amendment

A

impeded on the presumption of innocence and the rights of the accused while compromising the interests of the community

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38
Q

Terrorism amendement (investigative detention) bill 2016

A

Futher amended the bail and remand system - giving police the power to arrest and detain someone suspected of terrosim for up to14 days without charge - impedes on presumption of innocence

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39
Q

Terrorism amendment positives

A

“giving police the ability to investigate terrorist plots” explained by NSW premier in 2016

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40
Q

The process of detention and interrogation - effective and ineffective

A

moderately effective components of the criminal investigation process- partially aiding both convictions and aquitals yet failing to entirely respect all rights of suspects

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41
Q

Where is detention and interrogation legislated

A

Law Enforcement Powers and responsibilities Act 2002 NSW

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42
Q

What does Law Enforcement Powers and responsibilities Act 2002 NSW in relation to detention and interrogation

A

NSW police force may detain a subject for up to 6 hours and may apply for another 6 - due to these regulations the community is protected and the extension maintains the presumption of innocence

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43
Q

Why isnt detention not entirely effective

A

juxtaposes the presumption of innocence as it keeps a suspect detained without having sufficient evidence against them n

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44
Q

Case of Mohammed Haneef

A

Arrested in Brisbane airport in 2007 on the basis of having a connection to the bombing of London airport - he was detained for 12 days before being charged - later the charges were dropped due to lack of evidence

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45
Q

Terrorism (police powers) amendment (investigative detention) Bill 2016

A

remain uncharged and detained for 14 days on the suspicion of terrorism

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46
Q

Right to silence amendment

A

Evidence Act 2013 (Evidence of silence) allows jurors to make adverse findings against the alleged criminal who refuses to speak during the investigation but produces evidence in trail - act infringes on the right to silence and the internationall covenant of civil and political rights

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47
Q

Right to silence amendment article

A

an SMH article 2014 articulaters according to the NSW Council for Civil Liberties “the change is unlikely to have any significant effect on the outcome of criminal trials, instead harming the defence. “

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48
Q

Jury legisalation contained where

A

Jury Act 1977 - outliens how 12 juries are to be chosen randomly from an electoral roll - meanwhile the amount of exceptions available limit the group to being smaller

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49
Q

Jury ineffectiveness

A

Jurors may not adhere to the non-bias requirements - as anticipated by the court of criminal appeals rejection of the trial of ‘Hey Dad!’ superstar after “pre-trial publicity prevented him from receiving a fair trial” (SMH 2011)

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50
Q

Jury and media ineffective

A

Higgins case - the hury in the rape case of Bruce Lehrmann has been discharged without a verdict after a juror accessed information that was not presented in the trial

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51
Q

Jury and media ineffective (Higgins case)

A

“initally the jury told the judge on Monday that they were unable to come to a verdict” SMH 2022

52
Q

Effectivness of judge only trials- due to the ineffectiveness of jury discretion and media bias

A

‘Gittany sentenced to 18 years for murder of fiance’ (SMH 2014)

53
Q

Lack of understanding of Jurors

A

BOSCAR 2008 found that 55% of jurors misinterpreted ‘Beyond Resonable doubt’

54
Q

The notion of judicial blame

A

NSWLRC found that judges directions are “complex and outdated” SMH 2013

55
Q

Adversary system- right to have an impartial decision-maker - where is it in the constitution

A

Section 80 of the Aus Consituion

56
Q

Adversary system as a means of achieving justice

A

interests of society to have an impartial decision maker meanwhile the inquisitorial system retains a lot of bias and is maintained through the combination of the judge and the jury

57
Q

The right to legal representation - from what case within common law

A

Dietrich v R 1992 - est under common law - ensures defendant and prosecution are equal under the law

58
Q

The right to an impartial decision maker was removed in what case

A

R v Skaff - the jury visited the site of the crime which created bias

59
Q

R v Skaff - what happened after

A

The judge ordered a retrial - upholding the defendants right to an impartial decision

60
Q

The common law right for the presumption of innocence was established in the case of

A

Woolmington v DPP 1935 - The Court ruled that in criminal cases, the burden of proof is always on the prosecution to prove the defendant’s guilt beyond a reasonable doubt.

60
Q

Defences - effectiveness and ineffectivenes

A

effective- considers all factors and circumstances outside of the accuses control - preserving their liberties
ineffective- potentiality of introducing of a greater degree of subjectivity - leading to wrongful aquittals

61
Q

Mental illness as a defence - was introduced when

A

R v McNaughten 1843 which established a precedent for justifying mental illness as a defence and the requirement of substantial proof that the accused wasn’t aware of their actions

62
Q

Effective case of mental illness as a defence

A

R v Waterlow - killed sister and father during a schizophrenic episode - was untreated- was found not guilty

63
Q

Self defence

A

Partial defence that reduces a murder sentence to manslaughter

64
Q

Self defence case example effective

A

‘Anger as jury finds woman not guilty of murder’ SMH sep 2012 - the defendant was acquitted of all charges - her husband was drunk and aggressive and hit her with a steel pan

65
Q

Self defence example Ineffective

A

‘White Australian police officer acquiited in killing of an aboriginal teen’ 9news 2022 - fired 3 shots which were fatal - more than 1 shot is excessive - regardless was still found not guilty

66
Q

Provocation defintion

A

Partial defence that relates to the loss of self control - subsequently results in the reduction of charge

67
Q

Provocation example effective

A

R v Camplin 1978 - Young boy killed uncle after he sexually assaulted him and was mocking it - court found that a ordinary person would have also done this

68
Q

Provocation example ineffective

A

R v Singh - it can perpetuate a culture of victim blaming - offender was charged with murder - appealed on the grounds of provocation - sentence reduced to manslaughter

69
Q

R v Singh media

A

He stated that she said she never loved him, was going to have him deported and was cheating on him but he also stated “Shes my wife i can do whatever i want - i can kill her, i can beat her” SMH oct 2021

70
Q

Purpose of Sentencing and punishment

A

The purpose of sentencing and punishment is to prevent recidivism

71
Q

The purpose of sentencing and punishment legislation

A

Crimes (Sentencing Procedure) Act 1999 (NSW) - intends to ensure the offender is adequately punished and promote rehabilitation

72
Q

Purpose of Punishment- section 3A (b)

A

Targets individual recidivism and general meaning community - both moderately effective at discouraging conviction and potential offenders

73
Q

Specific deterrence study ineffective

A

According to the DPP that a higher penalty is awarded to an offender increases recidivism compared to lower penalties (specific deterrence)

74
Q

Aus law reform commission 1998

A

“deterrence not be included as a sentencing objective

75
Q

Retribution is another purpose of punishment

A

Retribution aims to ensure the punishment is proportionate to the crime committed - giving victims an opportunity to feel that justice has been awarded

76
Q

effectiveness seen in R v Knight

A

sentence extended to life imprsionment

77
Q

Britannica 2014

A

retribution fails to ‘address underlying issues that may have led to the crimes’ - lack of facilitating an offenders reintregration into society

78
Q

Factors affecting sentencing decision legislated where

A

Part 3 of Crimes (Sentecing procdure) act 1999 (NSW) outlines aggravating and mitigating factors

79
Q

Aggrvating factors outlined in

A

Section 21A - some factors include behaviour, violence, severity, victim and if offender has previously committed a crime

80
Q

Matthew Milat (aggravating factors)

A

He was sentenced to 43 in years and 30 years non-parole period for the brutal murder of a 17 year old

81
Q

R v Knight

A

Her conventional murder sentence was extended due the brutality of the murder and previous abuse of partners

82
Q

What can judical discretion sometimes do

A

Can be a ‘double edged sword’ as sometimes midigatinf factors can reduce otherwise serious crimes

83
Q

R v Waters mitigating ineffective

A

A two year imprisonment sentence was given due to his guilty plea despite him causing ‘harrowing distress and anguish’ 2007

84
Q

Mitigating effective

A

‘Anger as jury finds woman not guilty of murder’ SMH sep 2012 - the defendant was acquitted of all charges - her husband was drunk and aggressive and hit her with a steel pan

85
Q

Role of the victim

A

Victim impact statements - Victims Rights’ and Support Act 2013 - gives victims a platform to express how they have been personally affected - Declaration of Basic Principles of Justice for Victims of Crime

86
Q

Role of the Victim case

A

R v Bladjim 2018 - significant as it helped the court comprehensively understand the trauma caused by the accused on the victim

87
Q

What is effective and ineffective with the involvement of victims in court

A

effective - can express their unique perspective and allow them to feel heard
Ineffective - can result in a miscarriage of justice

88
Q

R v Tuala 2015

A

A builder was sentenced to 8 years imprisonment due to an untruthful victim impact statement

89
Q

Amended Victim impact statement

A

Crimes (sentencing procedure) Amendment (Family member victim impact statement) act 2014 - family members can provide statements

90
Q

Quote about the family victim impact statement

A

David shoebridge (a member of parliament) said “everyone should be equal in the eyes of the law, including every victim”

91
Q

Types of penalities - what do divsionary programmes do

A

Offered rehabilitation and reduced recidivism

92
Q

Divsonary drug programmes under what act

A

Crimes (sentencing and punishment) Act 1999 - Magistrates can offer drug dependent offenders programmes to help them over come addiction and earn merit

93
Q

2014 BOSCAR diversionary programmes

A

65% of partipatipants did not reoffend

94
Q

Cautions under where

A

Crimes (sentencing procedure) act 1999

95
Q

why are cautions good and a stat

A

Cautions are benefitical to the court system because they divert minor offenders away from the court system - 96% of cautions are for possession

96
Q

Incarceration - prison system increase

A

most severe penality and proven to not reduce recidivism - 10,000 5 years ago and an all time high of 13,600 in NSW

97
Q

Alternative methods to sentencing - circle sentecing

A

Crimes procedure (circle sentencing intervention program) regulation NSW 2003 - local community members and a magistrate

98
Q

First nations elder Bob Moran states

A

“Sometimes its harder for an offender to face his or her own people than a magistrate”

99
Q

SMH article 2022 (circle sentencing)

A

“Offenders undergoing circle sentencing were 4% less likely to offender compared to offenders undergoing traditional means”

100
Q

ABC 2020 circle sentencing article

A

“BOSCAR found that circle sentencing saves taxpayers $2.8 million a year”

101
Q

Post-sentencing considerations: Parole

A

Crimes (Sentencing Procedure) Act 1999 - sets out rules regarding parole

102
Q

BOSCAR parole stat

A

7/10 parolees dont commit another offence

103
Q

May 2021 parole clause

A

New controversial reforms “No Body, no porole” if a person convicted of murder or manslaughter doesn’t reveal the location of a body they don’t get porale

104
Q

Parole - killer on parole

A

Meaghan Gillians killer was out on parole for previous raped when he raped and killed her - An ABC article published in 2016 states “Her death was preventable”

105
Q

What is contsroverisal about the new terrorism laws in relation to parole

A

Terrorism (police powers) amendment (investigavtive detnetion) bill 2016 - nationally will prevent potenial offenders from getting parole

106
Q

Continued detention

A

Terrorism (police powers) amendment (investigavtive detnetion) bill 2016 - can hold someone for up to 14 days - many argue that this is abtrary and serves as a double punishment - regardless it is still law reform

107
Q

Young offenders - what does the age of criminal responsibility + alternative methods to sentencing do

A

Prevents the criminal justice system from imposing unrealistic expectations of maturity upon young offenders while offering methods of rehabilitation to prevent redicivism

108
Q

Original bill on the age of criminal responsibility

A

Children (criminal proceedings) act 1987 - children under the age of 10 connot be held criminally responsible due to the notion of doli incapax

109
Q
A
110
Q

Age of criminal responsiblity amendment

A

Justice (age of criminal responsibility) legislation amendment bill 2023 - raises it to 14

111
Q

Risks of increasing age of criminal responsiblity

A

SMH 2017 states “increasing the age…. has a likelihood to increase contact with the criminal justice system “

112
Q

What is the purpose of alternative methods to court for young offenders

A

‘doli incapax’ has introduced the need for alternative methods to court that recognise the importance of rehabilitation

113
Q

What does the original young offenders act do in relation to alternative methods to court

A

The Young Offenders Act of 1997 provides the main alternative program for young offenders to be rehabilitation and for minor crimes warnings

114
Q

What does the AFP do

A

Uphold commonwealth law and monitor domestic crime

115
Q

What does the ABP do

A

Protects the security of Australian borders and monitors criminal networks

116
Q

AFP meth bust 2021

A

As described in an AFP article in 2021 concerning two men who imported “991.9 kg of methamphetamine into Australia” work with the ABF made this possible

117
Q

AFP and ABF fet bust

A

An article from the AFP illustrates how the “largest shipment ever detected in aus of fentanyl” was seized by both agencies

118
Q

International measures - cooperation - explain

A

To combat transnational crimes requires voluntary cooperation and sufficient resources

119
Q

International Criminal Police Organisation (INTERPOL)

A

Est. in 1923, it is the largest global policing organisation that aims to facilitate cooperation over transnational crimes worldwide - has 188 member countries

120
Q

June 2021 Interpol raid

A

Due to the intense collaboration of police worldwide which was organised by Interpol, they were able to intercept arrest “2000 operators, fraudsters, and money launders” which wouldn’t be possible witjpit “law enforcement working together beyond boarders” (INTERPOL 2021 WEB)

121
Q

Issue with Interpol

A

requires intense cooperation - an article by the Atlantic in 2014 states “The political dimensions of terrorism would seem to put the crime outside of Interpol’s jurisdiction”

122
Q

UN Transnational Crime Convention - parties and signatories

A

United Nations Convention against transnational oragnised crime 2000 - 190 parties and 147 signatories

123
Q

United Nations Convention against Transnational Organised Crime 2000

A

effective in providing protocols that restrict transnational criminal activity however this can also happen once it is ratified - evident that Iran and the democratic republic of Congo haven’t signed

124
Q

International measures that target crimes against the international community

A

ICC - talk about ICC cases (Thomas Lubganda and Omar Al Bashir

Legal notes and multi mistakes (4 decks)

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