FULL CRIME LCMIDS

MAIN CRIME LCMIDS

- Criminal Procedure Act (1986)

o Sets out the clearly defined rules and regulations for court proceedings in NSW.
- LEPRA (2002)
o Codifies and governs the exercise of specific police powers.
- Summary Offences Act (1988)
o Outlines what are summary offences.
o They have a less severe offence that is heard and sentenced by a magistrate in the
local court,
o Maximum of 2 years offence.
- Crimes Act (1900)
o prescribes the maximum sentence that may be imposed for various offences.
o Statutory Guidelines.

CRIMINAL INVESTIGATION PROCESS

POLICE POWERS

- LEPRA (2002)
o Law Enforcement (Powers and Responsibilities) Act 2002
o Outlines the responsibilities of police in the criminal investigation process
o Section 4 = Strip Searches
o Detention + questioning
o Use of reasonable force + technologies.
- “NSW Police hit back over Strip Searches” 9 News (February 2020)
o Abuse of Power
o Strips Individuals of Rights
- UNSW report “rethinking the strip search report by NSW police”
o Calls for further law enforcement.

GATHERING EVIDENCE

- Evidence Act (1995)

o Sets out the manners and guidelines of which evidence must be collected so that the
collection does not greatly interfere with the rights of ordinary citizens.
- R v Wood (2002)
o Ineffective use of police discretion where police failures at the crime scene resulted in
an unfair trial that led to Wood’s acquittal of murdering his girlfriend.
- Darby v DPP (2004)
o The sniffer dog case.

BAIL + REMAND

- Bail Act (1978)

o Very confusing and ineffective.
 - Bail Act (2013)
o Had many loopholes leading to Man Monis.
o Risk based rather than assumption based.
- Bail Amendment Act (2015)
o Offenders of serious crimes must prove why they need bail and that they are a risk to
the community.
o Changes make it difficult for people to get bail if they are in any way associated with
a terrorism offence.
- “Man Monis” –
o Lindt Café siege  Monis v The Queen (2013)

ARREST DETENTION + CHARGE

- Evidence amendment (Evidence of silence Act) 2013

o Right to silence.
o The jury can assume that your silence means that you are guilty.
- LEPRA (2002)
o Arrest: they can only arrest if they believe the person is about to commit a crime.
o Detention: can only be detained for 6 hours.

TRIAL PROCESS

DEFENCES

- R v Nam (2006)
o Crimes Amendment (Provocation) Act 2014
o Farmer kills over extreme provocation
o Michael Pestano
- R v Singh (2012)
o Successfully used provocation as a defence and had his charge reduced to
manslaughter.
 “six years for killing sparks law review,” (SMH, 2012)
o Recommended that the defence of provocation be changed to ‘gross provocation’
o Crimes Amendment (Provocation) Act 2014.
- R v Dawes (2004)
o Mother sentenced to a 5 year good behaviour bond due to mental illness, which
diminished her capacity to understand her actions.
 “Dawes has suffered too much to go to jail” (SMH, 2004)

JURIES

- Judicial Officers Act 1986

o Created the Judicial Commission of NSW
 Creates judicial reviews in Australia.
- Jury Amendment (Verdicts) Act (2006)
o Amendment to the Jury Act 1977
o Allows majority verdicts  11/12 instead of unanimous.
- R v Skaf (2004)
 o “Disobedient jurors cause gang rape retrial.” SMH, 2004
o Attendance of jury members at the scene of the alleged incident may have affected
their decision-making process, reducing the fairness for the accused and impacting
integrity.
- Judge only trials.

PLEAS AND CHARGE NEGOTIATIONS

- ABC News "Calls for review of plea deal in Thomas Kelly Case" (2013)
o R v Loveridge (2013)
 One punch law.
 Loveridge pleaded guilty to the lesser charge.
- R v Koch (2009)
o Attempted murder was downgraded to grievous bodily harm as a result of charge
negotiation.
- “Rise of plea-bargaining coerces young defendants into guilty pleas, says report.” (Boffey,
The Guardian 2022)
- “Top judge outraged by plea bargain deals” (SMH, 2011)

LEGAL REPRESENTATION

- Dietrich v the Queen (1992)

o Right to legal representation.
- “Legal Aid rates imperil justice” (SMH, 2012)
o Legal aid is so underfunded that many people who require it cannot secure legal
representation.
- Legal Aid Commission Act (1979)
o Established legal aid
o Merit + means test.
o Jurisdiction test.

SENTANCING AND PUNISHMENT

POST- SENTANCING CONSIDERATIONS

- ABC’s “continued Detention: when courts attempt to predict the future, it’s a legal twilight
zone.’ (2014)
o Crimes (High Risk Offenders) Act 2006 (NSW).
o Continued detention is controversial because it can be seen to infringe on a person’s
right to
- Migration Act (1958)
o In cases of international or overseas people whose visas may expire or end before the
end of their sentence, they may be deported to serve the sentence back in their own
countries.
- Terrorism (Police powers) Act 2002
o Supreme court can grant a warrant to detain a person for a maximum of 14 days
without charge.
 o Mohamed Haneef  detained for 12 days without evidence as he was accused of
terrorist activities.

PURPOSES OF PUNISHMENT

- R v AEM; R v KEM; R v MM (2002)

o Purposes of Punishment.
o 3 teenagers were sentenced for a very long time because they had committed a series
of sexual assaults.
o Punishment over deterrence.
- The Crimes (sentencing procedure) Act 1999 (NSW)
o Outlines the different purposes of punishment.
- R v Skaf (2004)
o Use of Punishment for deterrence.
 Longest non-life sentence at the time.
- R v Loveridge (2013)
o One Punch Laws  aggravating factors and mitigating factors.
o Reflected the need for retribution to ensure a just outcome.

APPEALS

- R v Wood (2012)
o Ineffective use of police failures at the crime scene led to an unfair trial that led to
Woods acquittal of murdering his girlfriend.
- R v AEM, R v KEM, R v MM (2002)
o Gang rape trial.
o Crown appealed to the court of criminal appeal against the leniency of the sentence.
o The court of criminal appeal more than doubled the previous sentence.

YOUNG OFFENDERS

- LEPRA (2002)
o Any Police Powers argument.
- Children’s Court Act (1987)
o Established the children’s court so that the concerns of children are met.
- Young Offenders Act (1997)
o Established the Welfare model for children so that rehabilitation is possible.
- R v LMW (1999)
o Doli Incapax as Corey Davis had pushed a child into water knowing that the child
could not swim.
- Children (criminal proceedings) Act 1987
o It updated the proceedings of the criminal justice system for children and young
people.
o It required that courts try to make sure children brought before them understood the
proceedings, the allegations, and the potential consequences.
- R v GDP (1991)
o effectiveness of the legal system in ensuring the rehabilitation prospects of young
offenders are considered
INTERNATIONAL CRIME

- Rome Statute of the International Court (1998)

- International Criminal Court Act 2002 (cth)
- Geneva Conventions Act(1957) (Cth)
o +
- Australian Federal Police Act (1979) (cth)
- Extradition Act (1988)
- United Nations Convention against Transnational Organised Crime
o “Palermo Protocols (2002)’