1.6 summary and indictable offences
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This document outlines the differences between summary offences and indictable offences in Australia. Summary offences are less serious and dealt with in a local court by a magistrate, who determines both judgment and punishment. Indictable offences are more serious, dealt with by a judge and jury, where the jury determines judgment and the judge determines punishment, which is usually imprisonment or a large fine. Examples of each type of offence are also provided.
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Crime is defined as an act or omission committed against the community that is punishable by the state. What constitutes a crime can vary between jurisdictions and is influenced by a society's values, morals, religion, culture, history, and legal traditions. Sometimes laws need reforming to remove outdated crimes or create new crimes to address changes in society, like computer crimes. The features of criminal law are protecting society, prosecuting crimes against people, the state, or property, where the state takes action against offenders through police prosecution in court under the burden of proof of beyond a reasonable doubt.
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This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
1.5 categories of crime
The document discusses the categories of crime under the NSW Crimes Act 1900. It outlines that there are 16 categories of crime and the category an offense belongs to can affect how it is investigated, prosecuted, and punished. The key categories discussed are: 1) offenses against the sovereign which involve acts against the government like treason or sedition; 2) offenses against persons which involve harming people like assault or manslaughter; 3) economic offenses which cause financial loss like robbery or embezzlement; 4) drug offenses involving prohibited drugs; 5) driving offenses breaching traffic laws; 6) public order offenses disrupting social cohesion; and 7) preliminary offenses attempting or planning crimes. Students are instructed to make posters outlining
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This document outlines the rights of children when questioned or arrested by police. It states that police can only require a child provide their name, address and identity, and cannot take a child to the police station unless they are under arrest. If arrested, the child's parents or guardian must be contacted. A child also has the right to silence and to have a parent, guardian or solicitor present during any questioning.
2.1 police powers
Police powers in New South Wales are outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA). This legislation gives police the power to arrest, issue fines, obtain identification, stop and search people, and enter premises. However, there has been criticism that recent amendments have expanded police powers too far, weakening oversight and the balance of power between police and citizens. Concerns include increased use of move-on powers against vulnerable groups and expanded arrest powers beyond protecting safety. Overall, the document discusses the legislation governing police powers in NSW and debates around strengthening versus balancing those powers.
5.4 penalties for children
The document discusses penalties for children who commit crimes in Australia. The primary aim of penalties imposed by courts is to rehabilitate young offenders and help them rebuild their lives so they do not reoffend. For police, options include warnings, cautions, on-the-spot fines, and youth justice conferences. Courts can impose fines or control orders like supervision or detention. However, exposure to the court system may increase reoffending, indigenous youth face unequal treatment, and fines disproportionately impact poorer youth.
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The Children's Court is a specialist court that deals with legal cases involving juveniles aged 10 to 17, as well as individuals up to age 21 if they committed a crime when under 18. It handles criminal cases, apprehended violence orders, compulsory schooling orders, and child care and protection cases, with the exception of the most serious crimes. Proceedings are closed to the public and the court aims to rehabilitate young offenders through a flexible and informal approach.
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This document discusses international crime and efforts to address it. It defines key terms like state sovereignty, international crime, and transnational crime. International crimes can be divided into two categories: crimes against the international community like genocide and war crimes, and transnational crimes that cross borders like drug trafficking and terrorism. The document examines challenges in prosecuting international crimes and discusses domestic and international approaches. Domestically, countries sign agreements, ratify them in domestic law, and fund enforcement agencies. Internationally, ad hoc tribunals and the International Criminal Court have been established but face issues with effectiveness, bias perceptions, and political barriers to referrals.
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This document outlines the different types of evidence that can be presented in a court case. It discusses physical evidence, confessions/statements, witnesses, expert witnesses, character evidence, and hearsay. For each type of evidence, it provides examples and discusses the rules for admitting that evidence in court. The types of evidence that can be presented include physical items, witness testimony, expert opinions, character references, and prior statements, as long as they are relevant to the case and obtained through proper procedures.
3.5 legal representation
The document discusses legal representation in Australia and the 1992 High Court decision in Dietrich v R. It summarizes that:
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3.9 juries
Juries play an important role in criminal and civil trials in NSW courts, hearing evidence to determine guilt or liability and decide outcomes based on the facts and judicial direction. Their responsibilities include impartiality, only discussing cases in the jury room, and not conducting outside research. However, some juries have faced issues like conducting experiments without permission and playing games like Sudoku during lengthy trials, requiring mistrials and clearer directions for jurors.
5.1 young offenders
The document discusses the age of criminal responsibility and juvenile justice system in Australia. It notes that the age of criminal responsibility is 10 years old according to the Children (Criminal Proceedings) Act 1987. Children under 10 are considered doli incapax, meaning they are incapable of criminal intent or wrongdoing. Children between 10-13 can be charged if it's proven they understand the difference between right and wrong. The document brings up examples of high-profile youth crime cases that resulted in calls to remove the doctrine of doli incapax.
4.3 factors affecting sentencing
The document discusses factors that affect sentencing, including aggravating factors that can increase a sentence such as committing a crime with others or using gratuitous violence. Mitigating factors like pleading guilty or being provoked can decrease a sentence. Victims can provide impact statements in court, and judges have discretion in how they consider these statements. Both defendants and prosecutors can appeal criminal sentences.
HSC Legal Studies - Young Offenders Topic
This is the entire Young Offenders topic from HSC Legal Studies. It's a tiny sample of 'The Crime App' (but without the explanations and videos included in the App). Copy the links and find out more. 'Like' us on facebook and you'll get all the latest media articles, cases and laws showing up on your newsfeed. Then you can stop your teacher from telling you that you should be "keeping up with the news" to improve your marks...
By the way - I've made it so that this file can be downloaded and printed it out. Enjoy.
3.3 legal personnel
This document outlines the various legal personnel involved in a court case. It discusses the roles of judges and magistrates as impartial decision makers who oversee court proceedings. It describes prosecutors as representing the state/Crown and presenting evidence against offenders. It also describes the roles of solicitors and barristers in representing the accused, as well as public defenders who can represent those who cannot afford legal counsel.
3.8 defences
This document discusses legal defences to criminal charges. It explains that defences allow the accused to argue they had reduced liability and did not have the necessary intent to be found guilty. Defences help achieve justice. Complete defences result in acquittal, while partial defences may reduce charges or sentences. Complete defences include insanity, involuntary behaviour, mistake, self-defence, duress, and consent. Partial defences are provocation and diminished responsibility. Several relevant cases are listed that demonstrate these defences.
4.9 post sentencing considerations
Offenders sentenced to imprisonment in New South Wales must undergo security classification to determine the appropriate prison based on the seriousness of their crime and past behavior. Those at risk of attack may be placed in protective custody. Parole eligibility is set at sentencing and requires proof of rehabilitation. Sex offenders must register with police and their information is tracked nationally. Non-citizens convicted of a crime can potentially be deported.
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Suitable for flashcards. Drill and practice. Written in hiragana.
2.3 domestic violence
This document discusses domestic violence in NSW, Australia. It defines domestic violence and outlines several pieces of NSW legislation aimed at protecting victims, such as expanding police powers to issue apprehended violence orders. It also discusses reports that recommend improving the ADVO system and information sharing between courts. The NSW government has responded by creating a new domestic violence ministry and strategy to prioritize victim safety. High-profile domestic violence cases, media coverage, and campaigns by advocates like Rosie Batty are also mentioned.
3.2 surrogacy and birth technologies
The document discusses issues related to surrogacy, birth technologies, and family law. It provides information on:
- The historical context of surrogacy law in NSW and the 2010 legislation allowing intended parents to gain full parenting rights.
- A 2012 case where a same-sex couple became the first in NSW to be declared legal parents of a baby born via surrogate.
- Issues that can arise with altruistic surrogacy arrangements and calls for reform to provide more protections for surrogates.
- The rapid growth of the commercial surrogacy industry in India and associated risks for parents and surrogates.
- Key aspects of legislation governing assisted reproductive technologies including IVF and regulation
2.2 consequences of separation
The document discusses Australian family law regarding children and property in the event of separation or divorce. It outlines that:
1. Australian family law since 1975 has focused on the best interests of the child, considering their welfare, wellbeing, and developmental needs. Amendments in 2006 and 2011 aimed to encourage shared parenting and protect children from harm.
2. Couples can develop parenting plans through mediation or have courts issue parenting orders outlining child custody and visitation. Consent orders can also be filed if couples agree but have animosity. Non-compliance can result in penalties.
3. Property ownership and division is also addressed, with courts making "just and equitable" distributions considering contributions and needs.
2.1 divorce & separation
The document discusses divorce requirements and separation under Australian law. Historically, divorce required one party to be at fault but the 1975 Marriage Act established no-fault divorce based on irretrievable breakdown of marriage proven by at least 12 months separation. Separation is defined by courts as a significant change in the overall marital relationship such as not living together or having sexual relations. It is possible to be separated while living under one roof if the intention to separate is communicated and the relationship changed. Attempts at reconciliation within a year do not require restarting the separation period. After filing for divorce, a decree nisi is granted and becomes absolute after one month to finalize the divorce.
1.3 legal rights and responsibilities
This document outlines the legal rights and responsibilities of parents and children under family law. It discusses the rights of children to safety, care, and protection, as well as the responsibilities of parents to financially support and care for their children. The rights of parents to make decisions for their children are also described. The document then discusses circumstances where the state may intervene to protect children's welfare. Specific legislation and notable court cases related to family law and children's rights are also summarized.
1.4 adoption
This document summarizes different types of adoption in NSW, Australia. It defines adoption as transferring legal parental rights from birth to adoptive parents. It discusses intra-family adoption for step-parents or relatives. For local adoption of children under age 2, birth parents are involved in selecting adoptive parents, making it unlikely that singles or same-sex couples would be chosen. Only a few older local children ages 2-12 are referred for placement each year. The document also covers adopting children already in out-of-home care and notes intercountry adoption.
1 define family
This document discusses the changing nature of families in Australia. It defines a family as two or more persons related by blood, marriage, adoption, or fostering who usually reside together. The two most common family types have changed over time, with couple-only families now slightly more prevalent than couple families with children. Modern Australian families come in many forms, including nuclear, blended, same-sex, extended, single-parent, de facto, adoptive, couple-only, and polygamous (recognized if legally entered overseas).
1 nature of family law
The document discusses the legal requirements and definition of marriage in Australia. It outlines that marriage has traditionally been defined in common law as the union of a man and a woman, but that there have been attempts to legislate same-sex marriage in some states and territories. The key requirements that must be met for a marriage to be valid include consent, minimum ages, the exclusion of certain familial relationships, and compliance with ceremonies conducted by authorized celebrants.
3 human trafficking
Investigation of human trafficking which
illustrates the promotion and/or enforcement
of human rights.
2.3 domestic roles
Under the Australian Human Rights Commission Act and Australia's federal discrimination laws, the Australian Human Rights Commission has important functions in promoting and protecting human rights. The Commission monitors compliance with human rights that Australian governments have agreed to uphold. It has responsibilities under racial, sex, disability and age discrimination acts. While the Commission advocates for human rights, the Australian government has sometimes been critical and rejected the Commission's reports.
2.2 international roles
The document discusses various international responses to promoting and enforcing human rights, including United Nations bodies like the General Assembly, Security Council, and Economic and Social Council. It also mentions international courts like the International Court of Justice and tribunals set up to address specific human rights issues. Non-governmental organizations, the media, and social media are described as playing roles in advocating for human rights and deterring violations. However, their effectiveness depends on factors like the openness of individual states and the priorities of different organizations.
2.1 state sovereignty
State sovereignty plays a key role in both promoting and challenging human rights enforcement. As nation states have supreme control over their own territory and legal systems, they must individually accept and enforce human rights standards. While this promotes equality and allows states to efficiently address breaches, it also means not all governments recognize human rights and some use sovereignty as justification for mis-treatment. Ultimately, states are both the main threat to human rights due to this sovereignty, as well as the primary protectors since the UN can only advise and not directly enforce standards.
1 the nature and development of human rights
The document discusses the nature and development of human rights. It begins by defining human rights as universal and inalienable rights held by all humans. It then examines major statements of human rights, including the Universal Declaration of Human Rights (UDHR) in 1948, which established 30 articles outlining civil, political, economic, social and cultural rights. Two binding international covenants were also established in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Over time, human rights have continued to develop through additional treaties and protocols recognizing newer generations of rights.
2 promoting and enforcing human rights
The document discusses several ways that human rights are incorporated into domestic law in Australia. It notes that the Australian Constitution contains some references to rights but is limited. Statute law and common law also provide some protections of rights, though common law can be overridden by legislation. The roles of separation and division of powers in the constitution are also outlined.
2.2 reporting of crime
The document discusses the importance of reporting crime to the police and some reasons why people may not report crimes. It notes that laws reflect societal values and police enforce laws, so they rely on the public reporting crimes. However, people may not report crimes due to fear, distrust of authorities, or not knowing how. The document suggests making it easier to report crimes through additional methods like apps or text services. It also recommends educating the public on what constitutes a crime, how to report, and that crime prevention is a shared responsibility.
3 body parts
This document lists the main body parts in Japanese including the head, eyes, nose, mouth, hands, fingers, stomach, knees and feet.
2.1 saying which どちら・どれ
This document provides examples and explanations for comparing two or more items in Japanese using the question words "dochira" and "dore".
- "Dochira" is used to compare two items and can be used with "no hō" which means "direction". It asks which of the two is preferred.
- "Dore" is used when comparing more than two items.
- Examples are given using these question words followed by "ga" and an adjective to ask which is more of something, like expensive or delicious.
- When specifying the items to compare, they can be listed with "to" between them before using "dochira ga" to ask which is more of an
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