Crime Extended Response (2 Viewers)

[sugartits]

Fuck, the BOS have just pulled the greatest troll in the history of the HSC, asking a question from that topic 3 years in a row - Guess who didn't study that section as much :O


I wrote about purposes of punishment with discretion, types of penalties, alternative methods of sentencing like circle sentencing and finished off with a bit about young offenders

What did you guys think?

 

[iPhone4]

I wrote about Statutory and Judicial Guidelines, the Crimes Amendment (Murder of Police Officers) Act, the Vicious Lawless Association Disestablishment Act 2013 (the bikie one in Qld from like monday) and some cases like R v Henry for judicial guidelines and standard non-parole periods, saying that discretion may lower transparency and accountability but increases justice for the offender.

I think it was alright, it was my trial q (discretion as a whole not just sentencing)

 

[SuperMike96]

I actually did the same exact thing as you sugartits (it felt really weird to type your name)

 

[sugartits]

I wrote about Statutory and Judicial Guidelines, the Crimes Amendment (Murder of Police Officers) Act, the Vicious Lawless Association Disestablishment Act 2013 (the bikie one in Qld from like monday) and some cases like R v Henry for judicial guidelines and standard non-parole periods, saying that discretion may lower transparency and accountability but increases justice for the offender.

I think it was alright, it was my trial q (discretion as a whole not just sentencing)

Fuck I was thinking murder of a police officers in the reading time then forgot it when I got to the question

 

[sugartits]

I actually did the same exact thing as you sugartits (it felt really weird to type your name)

Lulz my first account stuffed up and won't recieve reset password emails so this was the first thing I could think of when I made a new one

 

[YuMaNuMa]

Focused on judicial guidelines and their relationship with aggravating and mitigating circumstances, victim impact statement and purposes of punishment.

 

[Candidate]

I wrote about purposes of punishment– mainly rehab in the Drug Court, appeals and circle sentencing, then contrasted these with the impacts of removing discretion in mandatory sentencing (the people smuggler one) and preventative detention (I don't think i should have included this )

 

[Focus is Key]

I wrote about statutory and judicial guidlines, aggravating and mitigating circumstances, complete and partial defences and young offenders Our trial had basically that exact question, was a gift!

 

[hayleyemma96]

We had almost the exact same question for our trial escept it asked about discretion in general rather than specifically about sentencing and punishment.
I talked about the age of criminal responsibility in regards to the rebuttable presumption of doli incapax. Cases: R v Gorrie (1919), R v LMW (1999) and Jamie Bulger (1993) (UK).
Then I talked about appeals but specifically towards my two case studies R v Wood (2009) and the appeal: Wood v R (2012) and how he successfully appealed due to the inaccurate scientific evidence in his trial as well as the Ebony case: R v BW & SW (2008) and SW v R (2013)-->sentence lowered.
Lastly I wrote about R v Wood (2009) and the aggravating and mitigating factors.
Didn't want to write a general response as I didn't study discretion that much. Luckily I remembered my case studies/assignments and one of the things I studied could be adapted to the question.

 

[hayleyemma96]

I wrote about statutory and judicial guidlines, aggravating and mitigating circumstances, complete and partial defences and young offenders Our trial had basically that exact question, was a gift!

Did you do the LSA trial? It was about the role of discretion in the criminal justice system.

 

[trololo]

I knew this was coming and I studied it in the morning! I wrote about mitigating and aggravating circumstances, discretion in choosing sentence, discretion in choosing length of sentence, which lead onto judge shopping and then the Jamie Bluger case and the judges discretion on that.

 

[Examine]

I wrote about statutory and judicial guidlines, aggravating and mitigating circumstances, complete and partial defences and young offenders Our trial had basically that exact question, was a gift!

Interesting (I thought defence was in the criminal trial process so I didn't mention it lol)

I talked about aggravating and mitigating circumstances, role of victim in sentencing, diversionary programs, youth justice conferences, and continued and preventative detention while linking it all to the purposes of punishment (I mentioned statutory and judicial guidelines though I didn't elaborate on it).

 

[Focus is Key]

Did you do the LSA trial? It was about the role of discretion in the criminal justice system.

Yeah I believe we did

 

[Focus is Key]

Interesting (I thought defence was in the criminal trial process so I didn't mention it lol)

I talked about aggravating and mitigating circumstances, role of victim in sentencing, diversionary programs, youth justice conferences, and continued and preventative detention while linking it all to the purposes of punishment (I mentioned statutory and judicial guidelines though I didn't elaborate on it).

I assumed it was okay to talk about because it affects the sentencing (so whether you get sentenced or not or if it's reduced). Hope it's right cause it got 15/15 in my trial for a similar question (but it didn't specify where the discretion had to occure).

 

[Lachyy]

"Assess the role discretion plays in the sentencing and punishment of offenders" What was the question actually asking for? Would you get marked down for just evaluating and not stating how important/fundamental discretion is?

 

[Examine]

I assumed it was okay to talk about because it affects the sentencing (so whether you get sentenced or not or if it's reduced). Hope it's right cause it got 15/15 in my trial for a similar question (but it didn't specify where the discretion had to occure).

Ahh kk makes sense

 

[xFlamez]

The question specifically asked for the sentencing and punishment process. If you didnt mention the core stuff like statutory+judicial guidelines, agg+mitigating factors etc etc then you probably won't end up in the top band. I based my argument around the impact discretion(during sentencing and punishment)has on the offender, victim and society.

 

[alexbarry2065]

I knew this was coming and I studied it in the morning! I wrote about mitigating and aggravating circumstances, discretion in choosing sentence, discretion in choosing length of sentence, which lead onto judge shopping and then the Jamie Bluger case and the judges discretion on that.

band 4 response - never talk about jamie bulger unless you use it as a comparison - international instrument - not nsw or aus judicial discretion - enjoy that scaled mark of 25 xx

 

[gilza95]

Police powers - Discretion in providing punishments (Cautions, warnings fines etc)
Judicial discretion - Purpose of punishment, mitigating/aggravating, victim impact statements
Director of Public Prosecutions - Discretion to pursue cases base on success, resources, public interest etc

Based evaluations on balancing rights of victims, offenders society, issues of compliance/non-compliance, achievement of just outcomes, resource efficiency etc.

 

[hayleyemma96]

band 4 response - never talk about jamie bulger unless you use it as a comparison - international instrument - not nsw or aus judicial discretion - enjoy that scaled mark of 25 xx

It's perfectly fine to use foreign cases as part the assessment (marking criteria) says: refer to relevant examples such as legislation, cases, media, international instruments and documents.
I used the Bulger case but compared it to R v Gorrie (1919) and R v LMW (1999).
And what are you talking about "scaled mark of 25"? The question was worth 15 marks wasn't it??