LCDMI memorise (Crime) Flashcards
Consorting Amendment and what it did
2012 Crimes Amendment (consorting and organised crime)- Police can punish people for up to 3 years for consorting
Consorting SMH article 2014 title
‘Motorcycle gang laws overwhelmingly target Indigenous Australians, police watch dog reveals’
Consorting laws 2014 article LECC details
“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”
Consorting (Ombudsmen 2016)
By 2016 the ombudsman found that there was no change instead concluding that the first 100 warnings were wrongfully issued
Search and Seziure Amendment
Law enforcement (powers and responsibilities) Amendment (search powers) Act 2009
Buttrose article title
‘Buttrose charged after cocaine cash raid’ SMH 2009
Buttrose article details
“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)
Strip searching article
Community Legal Centre 2021 Article ‘Rethinking Strip searching’
Details of article
“Less than 16.5% of charges result in charges of drug supply”
SMH 2016 ‘The dogs dont work’
“The NSW police force has spent over $66million on their drug detection unit since 2010”
Dogs dont work 2014 stats
of all of the ~15,000 searches conducted in 2014 74% of them resulted in no drugs being found
Covid powers
Civil Defence Emergency Act 2002- gave police the power to prosecute people if they breach rules
Covid article 2021
“Ridiculous: NSW police accused of handing out unfair covid fines and targeting young people”
Terrorism amendment
Terrorism (police powers) amendement (investigative detention) bill 2016
What does the terrorism bill do and what does it remove
People suspected of terrorism can be detained for up to 14 days without charge- this removes the presumption of innocence (impinges on rights)
Reporting Crimes SA BOSCAR stats comparison
2019 was ~ 14,000 and 2023 was ~16,000
Why has there been a shift in states
2022 Affirmative consent bill and Chanel Contos advocating for better education (still isnt good enough- needs more programmes)
Crime stoppers Covid- programme and article
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
Crime stoppers ‘Dob in a Dealer’ introduced 2016
An anonmyous platform to report methamphetamine and drug related crime
According to the crime stoppers website
Between 2018-2019 there was a 65% increase in drug related reports
Meanwhile a 2019 City Hub article stated in relation to the campagin that
“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
The aspects of investigating crime and why they are important
The conviction of the accused pertain to the effectiveness of the investigative process:
Gathering evidence
To support the charges in court
Use of technology
To effectively prove all charges
Conduction of Search and Seizure
To ensure all evidence of the crime are accounted for
Use of Warrants
To gather all potential evidence
Evidence Act?
Evidence Act 1995 (NSW) - All evidence must be obtained lawfully and not obstruct the rights of civilians
Obtaining evidence article on DNA
2020 ABC article discusses how the DNA of the Claremont serial killings was contaminated by scientists
R v Jama 2009
Jama was wrongfully convicted of sexually assault on the sole basis of DNA evidence
Murder of victorian women- accused wasnt sentenced due to inadmissible evidence
“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”
Use of technology- CCTV
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
Original Bail Act
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.
Bail Amendment 2013
introduced the ‘Unacceptable risk’ test which outlined if the accused was a risk to society
Man Moris under bail laws 2013
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
Man Moris under bail laws 2013- article
SMH article published in december 2013 states under “stronger bail laws this dangerous man would have been kept behind bars”
Further Amendended in 2014
Bail Amendment 2014 Act - introduced the ‘show case’ procedure which made the accused responsible for proving why they should be granted bail
What was wrong with the 2014 Bail Amendment
impeded on the presumption of innocence and the rights of the accused while compromising the interests of the community
Terrorism amendement (investigative detention) bill 2016
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
Terrorism amendment positives
“giving police the ability to investigate terrorist plots” explained by NSW premier in 2016
The process of detention and interrogation - effective and ineffective
moderately effective components of the criminal investigation process- partially aiding both convictions and aquitals yet failing to entirely respect all rights of suspects
Where is detention and interrogation legislated
Law Enforcement Powers and responsibilities Act 2002 NSW
What does Law Enforcement Powers and responsibilities Act 2002 NSW in relation to detention and interrogation
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
Why isnt detention not entirely effective
juxtaposes the presumption of innocence as it keeps a suspect detained without having sufficient evidence against them n
Case of Mohammed Haneef
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
Terrorism (police powers) amendment (investigative detention) Bill 2016
remain uncharged and detained for 14 days on the suspicion of terrorism
Right to silence amendment
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
Right to silence amendment article
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. “
Jury legisalation contained where
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
Jury ineffectiveness
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)
Jury and media ineffective
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
Jury and media ineffective (Higgins case)
“initally the jury told the judge on Monday that they were unable to come to a verdict” SMH 2022
Effectivness of judge only trials- due to the ineffectiveness of jury discretion and media bias
‘Gittany sentenced to 18 years for murder of fiance’ (SMH 2014)
Lack of understanding of Jurors
BOSCAR 2008 found that 55% of jurors misinterpreted ‘Beyond Resonable doubt’
The notion of judicial blame
NSWLRC found that judges directions are “complex and outdated” SMH 2013
Adversary system- right to have an impartial decision-maker - where is it in the constitution
Section 80 of the Aus Consituion
Adversary system as a means of achieving justice
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
The right to legal representation - from what case within common law
Dietrich v R 1992 - est under common law - ensures defendant and prosecution are equal under the law
The right to an impartial decision maker was removed in what case
R v Skaff - the jury visited the site of the crime which created bias
R v Skaff - what happened after
The judge ordered a retrial - upholding the defendants right to an impartial decision
The common law right for the presumption of innocence was established in the case of
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.
Defences - effectiveness and ineffectivenes
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
Mental illness as a defence - was introduced when
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
Effective case of mental illness as a defence
R v Waterlow - killed sister and father during a schizophrenic episode - was untreated- was found not guilty
Self defence
Partial defence that reduces a murder sentence to manslaughter
Self defence case example effective
‘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
Self defence example Ineffective
‘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
Provocation defintion
Partial defence that relates to the loss of self control - subsequently results in the reduction of charge
Provocation example effective
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
Provocation example ineffective
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
R v Singh media
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
Purpose of Sentencing and punishment
The purpose of sentencing and punishment is to prevent recidivism
The purpose of sentencing and punishment legislation
Crimes (Sentencing Procedure) Act 1999 (NSW) - intends to ensure the offender is adequately punished and promote rehabilitation
Purpose of Punishment- section 3A (b)
Targets individual recidivism and general meaning community - both moderately effective at discouraging conviction and potential offenders
Specific deterrence study ineffective
According to the DPP that a higher penalty is awarded to an offender increases recidivism compared to lower penalties (specific deterrence)
Aus law reform commission 1998
“deterrence not be included as a sentencing objective
Retribution is another purpose of punishment
Retribution aims to ensure the punishment is proportionate to the crime committed - giving victims an opportunity to feel that justice has been awarded
effectiveness seen in R v Knight
sentence extended to life imprsionment
Britannica 2014
retribution fails to ‘address underlying issues that may have led to the crimes’ - lack of facilitating an offenders reintregration into society
Factors affecting sentencing decision legislated where
Part 3 of Crimes (Sentecing procdure) act 1999 (NSW) outlines aggravating and mitigating factors
Aggrvating factors outlined in
Section 21A - some factors include behaviour, violence, severity, victim and if offender has previously committed a crime
Matthew Milat (aggravating factors)
He was sentenced to 43 in years and 30 years non-parole period for the brutal murder of a 17 year old
R v Knight
Her conventional murder sentence was extended due the brutality of the murder and previous abuse of partners
What can judical discretion sometimes do
Can be a ‘double edged sword’ as sometimes midigatinf factors can reduce otherwise serious crimes
R v Waters mitigating ineffective
A two year imprisonment sentence was given due to his guilty plea despite him causing ‘harrowing distress and anguish’ 2007
Mitigating effective
‘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
Role of the victim
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
Role of the Victim case
R v Bladjim 2018 - significant as it helped the court comprehensively understand the trauma caused by the accused on the victim
What is effective and ineffective with the involvement of victims in court
effective - can express their unique perspective and allow them to feel heard
Ineffective - can result in a miscarriage of justice
R v Tuala 2015
A builder was sentenced to 8 years imprisonment due to an untruthful victim impact statement
Amended Victim impact statement
Crimes (sentencing procedure) Amendment (Family member victim impact statement) act 2014 - family members can provide statements
Quote about the family victim impact statement
David shoebridge (a member of parliament) said “everyone should be equal in the eyes of the law, including every victim”
Types of penalities - what do divsionary programmes do
Offered rehabilitation and reduced recidivism
Divsonary drug programmes under what act
Crimes (sentencing and punishment) Act 1999 - Magistrates can offer drug dependent offenders programmes to help them over come addiction and earn merit
2014 BOSCAR diversionary programmes
65% of partipatipants did not reoffend
Cautions under where
Crimes (sentencing procedure) act 1999
why are cautions good and a stat
Cautions are benefitical to the court system because they divert minor offenders away from the court system - 96% of cautions are for possession
Incarceration - prison system increase
most severe penality and proven to not reduce recidivism - 10,000 5 years ago and an all time high of 13,600 in NSW
Alternative methods to sentencing - circle sentecing
Crimes procedure (circle sentencing intervention program) regulation NSW 2003 - local community members and a magistrate
First nations elder Bob Moran states
“Sometimes its harder for an offender to face his or her own people than a magistrate”
SMH article 2022 (circle sentencing)
“Offenders undergoing circle sentencing were 4% less likely to offender compared to offenders undergoing traditional means”
ABC 2020 circle sentencing article
“BOSCAR found that circle sentencing saves taxpayers $2.8 million a year”
Post-sentencing considerations: Parole
Crimes (Sentencing Procedure) Act 1999 - sets out rules regarding parole
BOSCAR parole stat
7/10 parolees dont commit another offence
May 2021 parole clause
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
Parole - killer on parole
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”
What is contsroverisal about the new terrorism laws in relation to parole
Terrorism (police powers) amendment (investigavtive detnetion) bill 2016 - nationally will prevent potenial offenders from getting parole
Continued detention
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
Young offenders - what does the age of criminal responsibility + alternative methods to sentencing do
Prevents the criminal justice system from imposing unrealistic expectations of maturity upon young offenders while offering methods of rehabilitation to prevent redicivism
Original bill on the age of criminal responsibility
Children (criminal proceedings) act 1987 - children under the age of 10 connot be held criminally responsible due to the notion of doli incapax
Age of criminal responsiblity amendment
Justice (age of criminal responsibility) legislation amendment bill 2023 - raises it to 14
Risks of increasing age of criminal responsiblity
SMH 2017 states “increasing the age…. has a likelihood to increase contact with the criminal justice system “
What is the purpose of alternative methods to court for young offenders
‘doli incapax’ has introduced the need for alternative methods to court that recognise the importance of rehabilitation
What does the original young offenders act do in relation to alternative methods to court
The Young Offenders Act of 1997 provides the main alternative program for young offenders to be rehabilitation and for minor crimes warnings
What does the AFP do
Uphold commonwealth law and monitor domestic crime
What does the ABP do
Protects the security of Australian borders and monitors criminal networks
AFP meth bust 2021
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
AFP and ABF fet bust
An article from the AFP illustrates how the “largest shipment ever detected in aus of fentanyl” was seized by both agencies
International measures - cooperation - explain
To combat transnational crimes requires voluntary cooperation and sufficient resources
International Criminal Police Organisation (INTERPOL)
Est. in 1923, it is the largest global policing organisation that aims to facilitate cooperation over transnational crimes worldwide - has 188 member countries
June 2021 Interpol raid
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)
Issue with Interpol
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”
UN Transnational Crime Convention - parties and signatories
United Nations Convention against transnational oragnised crime 2000 - 190 parties and 147 signatories
United Nations Convention against Transnational Organised Crime 2000
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
International measures that target crimes against the international community
ICC - talk about ICC cases (Thomas Lubganda and Omar Al Bashir
