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Legal > The Nature Of Crime > Flashcards

The Nature Of Crime Flashcards

0
Q

A pedestrian obstructs traffic. What type of offence is this?

A) Driving
B) Economic
C) Preliminary
D) Public Order

A

D

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1
Q

Which of the following is an example of a collective right?

A) Education
B) Trade Unionisim
C) Self-Determination
D) Freedom of Association

A

C

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2
Q

A person is convicted of a drug offence in the District Court. The person wishes to have this conviction reviewed. Which court would the person go to?

A) Drug
B) High
C) Federal
D) Criminal Appeal

A

D

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3
Q

Which of the following is true of circle sentencing?

A) It promotes recidivisim
B) It involves a magistrate
C) It does not have the power of a court
D) It allows the victim to determine the penalty

A

B

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4
Q

Which of the following is a complete defence to a crime?

A) Necessity
B) Provocation
C) Ignorance of the law
D) Diminished responsibillity

A

A

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5
Q

The Children Court decides that a 15 year old should be sent to a juvenile justice centre for twelve months. What is this an example of?

A) Probation
B) A control order
C) A suspended sentence
D) A diversionary program

A

B

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6
Q

The NSW parliament changes an indictable offence to a summary offence. A defendant is now charged with that summary offence. What right is no longer guaranteed?

A) The right to a lawyer
B) The right to a hearing
C) The right to apply for bail
D) The right to be judged by peers

A

D

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7
Q

Which of the following would be a feature of a statutory Charter of Rights in Australia?

A) It would be able to be adapted to changing values
B) It could be changed by the House of Representatives
C) It could be changed by citizens through a referendum
D) It would be incorporated into the Australian Constitution

A

A

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8
Q

Both the Federal and NSW Parliaments enact anti-discrimination legislation. Which of the following best describes this power?

A) Concurrent
B) Executive
C) Exclusive
D) Residual

A

A

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9
Q

How does the separation of powers relate to human rights legislation in Australia?

A) The judiciary amends the legislation
B) The executive applies the legislation
C) The legislature interprets the legislation
D) The Governor-General reviews the legislation

A

B

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10
Q

What is the role of the jury?

A) Pass a sentence
B) Check the relevance of the evidence
C) Decide the guilt
D) Decide the innocence

A

C

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11
Q

Australia signs an international treaty to protect he human rights of asylum seekers. When does this become enforceable in Australia?

A) Immediately, as all treaties become enforceable as soon as they are signed
B) When it is ratified by the Australian Human Rights Commission
C) When the treaty is confirmed by a referendum
D) As soon as the parliament enacts the treaty into domestic legislation

A

D

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12
Q

Which court does NOT have original jurisdiction in criminal cases?

A) High Court
B) District Court
C) Local Court
D) Children’s Court

A

A

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13
Q

The power that protects human rights, by preventing one person or group gaining total control; by creating independence between the judiciary, the legislature and the executive is called which of the following?

A) Residual powers
B) Division of powers
C) Exclusive powers
D) Separation of powers

A

D

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14
Q

The Sex Discrimination Act 1984 (CTH) is one document that protects human rights in Australia. What source of human rights is this Act an example of?

A) Constitutional law
B) International law
C) Common law
D) Statute law

A

D

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15
Q

Which of the following would be a feature of a statutory Charter of Rights in Australia?
A) Itwouldbeabletobeadaptedtochangingvalues.
B) ItcouldbechangedbytheHouseofRepresentatives.
C) Itcouldbechangedbycitizensthroughareferendum.
D) ItwouldbeincorporatedintotheAustralianConstitution.

A

A

16
Q

Asses the role discretion plays in the sentencing and punishment of offenders. NOTE: Students may discuss types of penalties but should focus on the specific issue of the role of discretion rather than a simple description of the types of penalties.

A

Includes:
- Candidates need to assess the role of discretion as it applies to the sentencing and punishment of offenders.
-In doing so candidates may refer to the following:
• Statutory guidelines limit discretion (eg, Crimes (Sentencing Procedure) Act 1999 (NSW))
• There is scope for judicial officers to exercise their discretion to determine the best sentence on a case-by-case basis
• Mandatory sentencing removes discretion, in some circumstances, based on the changing values of society and to deter others from committing crime. This can lead to an inflexible approach to sentencing
• The system of precedent guides the exercise of judicial discretion with reference to previous decisions
• The judge has discretion as to which purpose of punishment is the most appropriate, given the circumstances of the case, providing balance between the rights of offenders, victims and society
• Aggravating circumstances can inform the exercise of discretion and lead to a harsher sentence (s29A of the Crimes (Sentencing Procedure) Act 1999 (NSW))
• Mitigating circumstances can also inform the exercise of discretion and result in a more lenient sentence (s29A of the Crimes (Sentencing Procedure) Act 1999 (NSW))
• The judge has a discretion to hear and to take into account a victim impact statement in determining the sentence. There are concerns that a VIS influences a judge to an inappropriate extent
• Judges may have their discretion influenced by the media and may feel the need to impose a different sentence than would normally be the case (eg, in order to provide specific/general deterrence)
• There is a discretion/choice as to whether an appeal should be considered. For example, the prosecution may appeal a lenient sentence. The offender may appeal against a harsh sentence (Crimes (Appeal and Review) Act 2001 (NSW)). This discretion can be influenced by a range of factors including accessibility, cost, etc (eg, recent media items and examples)
• Post-sentencing considerations involve the exercise of discretion in a range of areas based on factors including community safety, resource efficiency, etc. Some post-sentencing considerations such as sexual offenders registration involve strict limits on the use of discretion in order to ensure community safety (Child Protection (Offenders Registration) Act 2000 (NSW))
• Students may refer to the issue of young offenders in relation to the exercise and role of discretion

Legal (4 decks)

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