Escolar Documentos
Profissional Documentos
Cultura Documentos
Causation
R v Hallett (1969)
Blaue v (1975)
Categories of Crime
R v Sharkey (1949)
Crime Prevention
Fight the Causes if you really want to fight crime (2012 Herald Sun)
Situational: Maps show changing nature of Violence in Sydneys CBD since
lock-out laws (SMH 2015) Lockout have displaced the problem to other
areas
Police Powers
Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)
LEPRA introduced, response to the Wood Royal Commission
DPP v Leonard (2001)
Legislation Amendment (public Safety) Act 2005
Crimes Amendment (Consorting and Organized Crime) Act 2012 NSW
Give anyone too much power and there going to abuse it SMH (2012)
Public Swearing fines increase to $500 SMH (2014)
Reporting Crime
Less Crime but fewer reporting it, says expert SMH (2008)
NSW BOSCAR statistics
ABS Crime Victimization Survey
NSW Womens Refuge Movement Resource center research
Crime Stoppers Annual Report 2009
Sexual assault claims surge the tip of the iceberg, WA today (2014
Investigating Crime
Jill Meager Case (2012)
Farah Jama (2008
Mammon v Chaplin (1991)
Law Enforcement (Powers and Responsibilities ) Act (LEPRA)
DPP v Darby (2002)
The thin grey line, inside story 2009
Terrorism Legislation Amendment (Warrants) Act 2005
Senate Committee Report 2007
Law Enforcement (Powers and Responsibilities Amendment (search and
Seizure Powers) act 2009
Control of Weapons Amendment Act 2010
Bail Or Remand
Bail Act 1978 (NSW)
One shot at bail section s. 22A or the old Bail act
NSW Law Reform Commission
NSWLRC Report 133 Bail 2012
Ray Hadley (2GB)
Barry OFarrell vows not to go soft on bail, Daily Telegraph 2012
Bail Reform Alliance
NSW Police Association
Bail risk Rules may help Roger Rogerson in Jail, Daily Telegraph 2014
Former DPP Boss Nicholas Cowdery Slams Braid Government over Bail
act review, SMH 2014
Tougher New Bail Laws have no effect on remand population (2015)
o Bail Reforms have had no impact on a 32% increase in remand
center populations across NSW over the past 2 years, BOSCAR
o Changes to the NSW Bail Act initially caused the refusal of bail to
drop sharply, as courts and police came to terms with new
procedures, BOSCAR
o Police bail refuse rate is 2% lower than in 2012 and 2013
o 80% of defendants charged with such offence were refused bail
when the amendment was first introduced
o Court Bail Refusals dropped 48.5% when the new laws came into
play and rose to 53.7% over the following year.
District Court Delays point to need for justice system overhauled, SMH
2015
o At breaking point with almost 2000 trials pending and a
shortage of judges to hear the matter
o NSWLRC warns the system is approaching a state of crisis
o Average of 300 days to finalize case against someone in
custody, up to 44% from 2007
o SOLUTION: Appointing more judges encourage early guilty
pleas, including a push to get charges right at an earlier stage;
abolishing committal hearings, a type of preliminary hearing
already scrapped or modified in other jurisdictions;
establishing a new system for discounting sentences based on
when a guilty plea is entered.
Lindt Caf Siege: Australia needs national database of criminal bail
histories to avoid errors, inquest hears, SMH 2015
o Lindt caf siege inquest 2015
o Australia needs a national database containing the criminal
and bail history of every offender in the country
o In NSW its difficult to get criminal and Commonwealth
Histories
In Defense of Bail, Lawyers Weekly 2015
o Problem is not with Judges but with Bail Act
o Judges do not make ad hoc decisions and very rarely get
it wrong
Abolishing Right to silence proved unworkable, says NSW
labor, SMH 2015
o Controversial NSW las eliminating right to silence
revealed that it has never been used in a trial
o Law Society of NSW has called for the law to be
dropped
o Under the 2013 changes to causation reads it may
harm your defense if you fail to mention something
now that you later relay on at trial
Adversary System
Balancing Fairness to Victims, Society and Defendants in the Cross
Examination of Vulnerable Witnesses, an impossible triangulation?,
Melbourne University Law Review 2014
District Court Delays point to need for justice system overhauled, SMH
2015
o At breaking point with almost 2000 trials pending and a
shortage of judges to hear the matter
o NSWLRC warns the system is approaching a state of crisis
o Average of 300 days to finalize case against someone in
custody, up to 44% from 2007
o SOLUTION: Appointing more judges encourage early guilty
pleas, including a push to get charges right at an earlier stage;
abolishing committal hearings, a tyoe of preliminary hearing
already scrapped or modified in other jurisdictions;
establishing a new system for discounting sentences based on
when a guilty plea is entered.
Court Jurisdiction
The Crimes (Appeal and Review) Act
Charge Negotiation
Deals outside the Courtroom, The Law Report 2012
DPP guidelines 2007
Charter of Victims Rights NSW
R v Alchin 2008
Putting Truth into Sentencing, SMH 2010
Plea Bargains and the efficiencies of Justice, The Conversation 2012
Encouraging appropriate early guilty pleas, NSWLRC 2014
o Found that late guilty pleas are being used as a strategy
o Ineffective for society and the victims
o SOLUTION: Recommend setting statutory maximum discounts and
higher discounts for earlier guilty pleas
District Court Delays point to need for justice system overhauled, SMH
2015
o At breaking point with almost 2000 trials pending and a
shortage of judges to hear the matter
o NSWLRC warns the system is approaching a state of crisis
o Average of 300 days to finalize case against someone in
custody, up to 44% from 2007
o SOLUTION: Appointing more judges encourage early guilty
pleas, including a push to get charges right at an earlier stage;
abolishing committal hearings, a type of preliminary hearing
already scrapped or modified in other jurisdictions;
establishing a new system for discounting sentences based on
when a guilty plea is entered.
Legal Representation
Solicitors Rules 2013
Legal Aid Commission LAC
The Erosion of Legal Representation in the Australian Justice System, Law
Council of Australia
Crimes Against Justice, Lawyers Weekly 2012
Cuts to Commonwealth Legal Aid hit NSW courts, SMG 2015
o Legal aid funding has been cut so much that they are no longer
representing clients on trial for serious federal crimes
o The defendant could be left in prison with no immediate prospect
of a trial because of cuts to Commonwealth Legal Aid Funding
o Dropped from 10.8 million in 2013-14 to 2.7 in 2014-15
Use of Evidence
Jeffery Gillham 2012
Gordon Wood 2012
Frank Jama 2010
7.30 Report 2012
Evidence Act
Purposes Of Punishment
Crimes (Sentencing procedure_ Act 1999 s.3A
BOCSAR
The effect of prison on adult re-offending, BOCSAR 2010
Crime and Justice a review of research 2004
Putting the truth into sentencing, SMH 2010
Young Offenders act 1997
Anger as NSW axes youth drug court 2012
Stress on sex Offenders increases risk of re-offending, SMH 2012
Crimes (high risk offenders) Act 2006
Balancing punishment and rehabilitation, SMH 2013
The Crimes (Sentencing Legislation) Amendment (Intensive Correction
Orders) Act 2010
Milat jailed for 43 years, SMH 2012
Society must not resort to vigilante Justice, SMH 2014
Mandatory minimum sentences are a legal and judicial middle, SMH 2014
Matthew Forti sentenced to 12 months jail for supplying Georgina Barter
death pills 2015
o Facing 12 months imprisonment for supplying ecstasy
o Wants to send a strong message of deterrence to the community
o There was a need to deter other young people from dealing illicit
drugs
Ice Dealers face life imprisonment, 500000 fines under changes to NSW
law, ABC 2015
o Maximum penalty available for selling/manufacturing ice was
raised from 20 years to life imprisonment
o Drug policy experts argue this to change to the law is unlikely to
address the problem
NSW prisoner number out of control as half of all jails operating over
capacity, SMH 2015
o Prisoner numbers are growing out of control
o Sydney Jail has been operating at over 70% capacity at all times
o NSW prison population constantly hitting new levels
Appeals
R v Scaf
R v AEM;KEM;MM
Crimes (appeals and review) Amendment (double Jeopardy) act 2006
R v Leung 2009, 2011, 2013
NSWLRC
Criminal Appeals
Types of penalty
S. 10 of the Crimes (sentencing procedure act 1999
Law society 2009
BOCSAR 2006
Noetic Review 2010
BOCSAR 2007
Work and development orders
Hot Topic 73 Young People and Crime
Judicial Commission of NSW 2006
NSW Law society 2009
AIC 2009
NSW sentencing Council 2011
BOCSAR 2010
BOCSAR 2o08
NSW Probation Service
Crimes Legislation Amendment (Penalty Notice Offences) Act 2002
NSW Ombudsman 2009
Community work cuts reoffending: NSW report, Daily Telegraph 2014
Corrective Services NSW 2011
NSW Sentencing 2008
The Crimes (Sentencing Legislation) Amendment (Intensive Correction
Orders) Act 2010
Intensive correction orders better than periodic detention, says report,
Canberra Times, 2014
Proceeds of Crime Act 2002 Cth
Confiscation of proceeds of crime act 1989 NSW COPOCA
Attorney General (NT) v Emmerson 2014
Crimes (sentencing procedures act 1999 NSW
Effect of prison on adult re-offending, BOCSAR 2010
Getting tough on crime isnt cheap or simple, 2014
Crime and Justice A review of research 2013
The Specific deterrent effect of custodial penalties on Juvenile re
offending 2009
Locking out rehabilitation, SMH 2009
Magistrates Early Referral into Treatment Programm (MERIT)
Young Justice Conferencing vs Childrens Court; A comparison of
reoffending, BOCSAR 2012
YJS vs Childrens Court; a Comparison of time to finalization, BOCSAR
2012
YJS vs Childrens Court; a Comparison of cost effectiveness, BOCSAR 2012
Participant satisfaction with YJS, BOCSAR 2012
Restorative Justice Initiatives: Public support and opinion in NSW,
BOCSAR 2012
Noetic Review 2010
NSW Government Taskforce plan to bring in law forcing Chemical
Castration for child sex offenders, NEWS 2015
o NSW Government is considering making chemical castration
compulsory for those who abuse children before they even see the
inside of a cell
o 17% of child sex offenders are likely to reoffend in 2 years
o forcing people to take it breaches their human rights
(Conversations Treatment or Punishment? Chemical Castration
of child Sex Offenders, 2004)
Alternative Methods of Sentencing
Does Circle Sentencing reduce Aboriginal Reoffending?, BOCSAR 2008
Circle sentencing expanded in NSW, SMH 2010
Young Justice Conferencing vs Childrens Court; A comparison of
reoffending, BOCSAR 2012
YJS vs Childrens Court; a Comparison of time to finalization, BOCSAR
2012
YJS vs Childrens Court; a Comparison of cost effectiveness, BOCSAR 2012
Does Forum Sentencing reduce the risk of reoffending BOCSAR 2009
Participant Satisfaction with YJC, BOCSAR 2012
Restorative Justice initiatives: public support and opinion in NSW,
BOCSAR 2012
Let Victim have say on penalty, SMH 2010
Young Offenders
Noetic Review (2010)
Young Offenders Act 1997
Crimes (sentencing Procedure) Amendment (Provisional Sentencing for
Children Act 2013
Childrens Court
Childrens Court Act 1987 NSW
Children (Criminal Proceedings) Act NSW
Corey Davis Case 1999
Alternatives to Court
Prevention the only hope for young offenders, because the cure is failing,
SMH 2012
Young Offenders Act 1997
Australian Institute of Criminology, Juveniles contact with the criminal
justice system in Australia, 2009
Noetic Review 2010
Mediation Cheaper than Court for Juveniles, The Australian 2012
Anger as NSW axes Youth drug court ABC 2012
Young people can confess to minor offence without getting criminal
record, The Guardian 2014