The Crime LCMD thread (1 Viewer)

[townie]

Causation

I did an assignment on causation, Royall it was (some1 mentioned that b4) hope this helps!!

 

[~*HSC 4 life*~]

townie i noticed you're at usyd now?! what happened to ANU?

R v SLD- doli incapax, factors affecting criminal behaviour

R v B Skaf- the King of all cases, falls basically under every dot point

 

[Huratio]

EDIT (31/03/06): Microsoft Word Document Available. See Below.

i guess i'll have to post it for u lazy ppl:

CASES:
Sef Gonzales (2004) – mitigating factors youth and rehab, life sentence
Karen Brown (2004) – charged with murder, raised ‘diminished responsibility
R v. Bilal Skaf (2002) – sexual assault
R v. Baria Skaf – sexual assault
Rene Rikfin (2004) – insider trading
Martha Stewart (2004) – insider trading
Christopher Skase – unsuccessful extradition example (Australia/Spain)
Bradley Murdock – successful extradition example (SA/NT)
Hadfield (1800) – mental illness, acquitted
McNaughter (1843-60) – mental illness, acquitted, McNaughter Rules
Jeff Shaw (2004)
Charlotte Wyatt (2004)
R v. Dudley and Stephens (1884) – necessity, short period in jail  released
Attorney-General v. Whelan (1983) – duress, acquitted
Miewes (2004, Germany) – cannibal case, consent
Robbie Kina – prolonged sex assault, provocation, manslaughter charge
Moffa v. R (1977) – provocation, manslaughter charge
Shapelle Corby (2004) – example of crime committed outside jurisdiction

MEDIA:
‘Out of Sight, Out of Mind’ – prison life between 1980s and 1990s
‘Understandable… Excusable’ – defenses for crime
‘Black youth equal in court’ – discretion example
‘NSW prisons try home detention soft cell’ – house arrest example

DOCUMENTS:
‘What Causes Crime’ by Don Weatherburn – crime causation
‘The tale of Peter Rabbit’ by Beatrix Potter – aims of the criminal justice system
‘Raw’

LEGISLATION:
Crimes Act 1900 (NSW) + Amendments
Crimes Act 1914 (Cth)
Drug Misuse and Trafficking Act 1985 (NSW)
Customs Act 1901 (Cth)
Bail Act 1978 (NSW)
Bail Act Amendments Nov 2003 (NSW) – no automatic presumption of innocence to terrorists, firearms, and second subsequent offences.
Summary Offences Act 1988 (NSW)
Motor Traffic Act 1909 (NSW)
Uniform Evidence Act
Crimes Amendment (Mandatory Life Sentences Act ) 1996 (NSW)
Sentencing Act 1989 (NSW)
Criminal Procedures Amendment Act 1998
Fines Act 1996
Confiscation of Proceeds of Crime Act 1989 (NSW)
Victims Support and Rehabilitation Act 1996 (NSW)
Victims Rights Act 1996 (NSW)
Education Act 1996 – no longer used

INTERNATIONAL:
General Assembly (UN)
Security Council
Economic and Social Council
Secretariat
Trustee Council
International Court of Justice (ICJ) – Israeli Wall
International Criminal Court (ICC) – Slobodan Milosovic in Yugoslavia

A+TSI:
‘Beneath Clouds’ - media
Yetta
Kintore Project
R v. Bolt – circle sentencing
Wood Royal Commission – deaths in custody
Link Up

(p.s. full copy + other topics @ <website is dead>

 

[roadcone]

Here is a link to where you can find all the recent legislation that has been passed recently in NSW --> good way to get extra marks by putting in legisalation that is pretty new..

http://www.lawlink.nsw.gov.au/lawlink/clrd/ll_clrd.nsf/pages/CLRD_current

 

[paper cup]

Here's a few international treaties i've found:

The use of punishments such as mandatory sentencing is in breach of a number of International Covenants including the Convention of the Rights of the Child (CROC) 1989, the Declaration of Human Rights, and the International Covenant on Civil and Political Rights (ICCPR).

Useful also for Human Rights in Law and Society, esp if you're doing asylum seekers for the case study.

I have a booklet of cases my teacher gave me, I'll type some cases up when I have the time.

 

[jdrockefeller]

Recent LMCD is going to help you get into a six. Most of the acts that have been listed here have been amended.

Criminal Procedure Amendment (Evidence) Act 2005 (NSW)
 Allows victims of sexual offences to give evidence by way of video audio or transcript.
 Amends the Criminal Procedure Act 1986.
Criminal Procedure (Sexual Offence Evidence) Act 2003
 Prohibits those accused of rape, who are not legally represented from cross examining their victims. (R vs. MSK & MAK [2004]
Criminal Procedure Further Amendment (Evidence) Act 2005
 Court to disallow improper questioning during cross-examination
 Complainant to give evidence in camera
 Disallowing circulation of sensitive information i.e. Photographs.

Thank me later. I couldn't be fucked typing it out again, I just copy and pasted some which I'm writing up now in a summary.

EDIT: Huratio, awesome list, however a lot of those acts have been amended and with no explanation or short description of it, it isn't very useful for most people.

 

[Huratio]

i just posted it there for people to see what i have done. only my class may benefit from it as these are the cases that we have done.

if you really want help i suggest you make a list the same format as mine and that would help you remember the LCMD for essays etc.

 

[goan_crazy]

jdrockefeller thanks for those amendments! I think Huratio did a great job with that list...
Huratio your site isn't working man. Would u be able to fix it so people can access the Legal LCMD stuff
at the moment its not accessible which demonstrates the ineffectiveness of it haha

 

[melsc]

jdrockefeller thanks for those amendments! I think Huratio did a great job with that list...
Huratio your site isn't working man. Would u be able to fix it so people can access the Legal LCMD stuff
at the moment its not accessible which demonstrates the ineffectiveness of it haha

Perhaps its an issue of resource efficiency

 

[Huratio]

jdrockefeller thanks for those amendments! I think Huratio did a great job with that list...
Huratio your site isn't working man. Would u be able to fix it so people can access the Legal LCMD stuff
at the moment its not accessible which demonstrates the ineffectiveness of it haha

<website is dead>
EDIT: 31/03/06

 

[babi_girl]

Thanks guys!!

 

[melsc]

Crime LCMD List
Legislation/Treaties
 Crimes Act 1900 (NSW)
- amended 1981 changed ‘rape’ to 4 degrees of sexual assault
- public order offences
- offences against the state
- victimless crimes
- preliminary offences
 Crimes Act 1914 (Cth) –sedition and treason
 Drugs misuse and trafficking Act 1985 (NSW) & Customs Act 1901 (Cth)
 Summary Offences Act 1988 (NSW) – public order and victimless crimes
 Motor Traffic Act 1909 – traffic offences
 Children’s Court Act 1987 (NSW) – gave jurisdiction to the children’s court.
 Children (Criminal Proceedings) Act 1987 (NSW)
 Bail Act 1978 (Cth) – bail must be


Cases
 Shaw v DPP [1962] AC 220 - The House of Lords who heard the appeal, stated that one of the functions of the court is to preserve the moral welfare of the state.
 Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256 - The court found in favour of Mrs Carlill, an offer could be made to the world at large and could be validly accepted by anyone who followed the directions.
 Donoghue v Stevenson [1932] AC 562 - : The Court found that Donoghue was owed a duty of care, the use of an opaque bottle by the company prevented Donoghue from checking the contents and the company should have prevented the contamination.
 Franklin Dam Case - Laws serve the short term political interests of the government
 Byrne v Australia Airlines Ltd (1994) 120 ALR 274 – natural justice
 Waterhouse v Bell (1991) EOC 376 – bias, natural justice


Documents
 Universal Declaration of Human Rights 1948 – first document developed by the UN on human rights (not binding).

Media Reports

 

[Mc_Meaney]

R v Osland: Victorian Case, but relevant to NSW as it introduced the whole notion of Battered Wife Syndrome to Common Law as a partial defence to murder

CAPITAL PUNISHMENT
Crimes Amendment (Death Penalty Abolition) Act 1985 (NSW)

Death Penalty Abolition Act 1973 (Cth) whcih ratified:
- UNDOHR
- CROC
- Second Optional Protocol to the International Covenant on Civil and Political Rights

MELSC Loving you cases

 

[Sandez]

Condren vs the Crown (1983) Aboriginal guy who was forced to confess, to a crime he didn't commit whilst a similar crime committed by a white guy in another state chose not to.

R v Peel (1971) Weak penalty given initially to drug smuggling- Appropriate form of punishment.

Southwark London Borough Council v Williams and Anderson- Neccesity.

 

[Mc_Meaney]

It might already be in here but I cant find it - does anyone know the law that set the age of criminal responsibility (donna incopax?)

And any cases...Theres like the Murder of H...but i dont know any others...

The Death of Corey..


EDIT:

Legislation:
Jury Ammendment (Verdicts) Act 2006 - allowes for 10/2 and 11/1 majority verdicts in all trials (as oppose to unanimity in criminal proceedings)
Jury Act 1975 - Women now cant reject jury duty based on gender.

Cases
R v Koliach
Black v R
Cheatle v R

All three relate to possible ammendments to the verdicts to majority

 

[lambeychops]

CRIMES (SENTENCING PROCEDURE) ACT 1999 - This is pretty self explanatory, although:

http://www.austlii.edu.au/form/sear...ry=sentencing&meta=/au&mask_path=au/legis/nsw

cheers for that link aye its helped me so much
anyone got anything on a bank robbery? Enforcement,Trial Process,Punishment,Effectiveness?
sometimes this subject is so bloody easy then its soo god damn hard lol should have stuck with art
o wells
thanks guys

 

[fleck27]

a few are missing because i couldnt find much on them, you might be more lucky

Crime Case Law
Barton v. Armstrong (1973)
- pressure to enter a contract

Collins v. The Queen (1980)
-

Dietrich v. The Queen (1992)
- no automatic right to legal aid

R v. Anderson (1990)
- criminal negligence causing death

M’naghten’s Case (1843)
- were the first serious attempt to codify and rationalise the attitude of the criminal law towards mentally incompetent defendants.

R v. Blaue (1975)
-a case in English law in which the Court of Appeal decided that the refusal of a Jehova's Witness to accept a blood transfusion after being stabbed did not constitute a novus actus interveniens for the purposes of legal causation, Lawton LJ ruling that, as a matter of public policy, those "who use violence on others must take their victims as they find them.", envoking the thin-skull rule. (a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from his or her activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition)

R v. Byrne (1960)- diminished responsibility
-the defendant was a sexual psychopath who strangled a young woman and mutilated her body

R v. Dudley and Stephens (1884) – (necessity)
a leading English criminal case that established a precedent, throughout the common law world, that necessity is no defence against a charge of murder. It concerned survival cannibalism following a shipwreck and its purported justification on the basis of the Custom of the Sea.

R v. Mohan (1976)
This appeal is about the question what state of mind, mens rea, is required to be proved as an ingredient of the offence of attempting to commit a crime.

R v. Peterson (1994)

R. v. Porter (1936)- insanity defence

R v. Potsik (1973)

R v. Sharkey (1949)
- seditious comments against the government
R v. Van Nguyen (2005)
-executed for trafficking- crimes outside jurisdiction

R v. Wakefield (1969)

R v. Tideman (1969)

Robertson v. Samuels (1973)

Saffron v. DDP (1989)

US v. Holmes 1842

Viro v. the Queen – self defence

The Wonderland Club (2000) – international child porn ring brought down by cooperation of many different police forces in all different countries

 

[Chauntellems]

hey does anyone have any case studies that highlight the need for discretion in the legal system? it would be super helpful.
also, have a bitch of question "examine why commitment to criminal laws is not shown equally across the community, using relevant examples to support your response."

if anyone has any idea of how i can tackle this, email me at chauntellems@hotmail.com
please
and thankyou

 

[meggo-meggo]

THANKYOU SO MUCH!!!
half-yearlies tomorrow and this has saved me!

 

[lozzyt44]

Hi guys!, Im having alot of trouble with my crime essay, i was wondering if i could grab some pointers or even if someone has done a question similar to help me out please! QUESTION: to what extent is incapacitation the only way to achieve justice for victims and society?
PLEASE