crime essay plans hsc

Essay Plans On Crime (Criminal Investigation Process)

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My essay plans for crime sections (investigation process, trial process, sentencing and punishment, young offenders)

Bail and remand ⦁ Bail Act 2013 (NSW), bail conditions R v Hawi, 2014 ⦁ Criticism of 1978: “Overly complicated, full of anomalies, no consistent outcomes” – John Hatzistergos, 2014 ⦁ REFORMS: unacceptable risk test (2013) and show cause test (2014) ⦁ Controversial: burden of proof & presumption of innocence ⦁ BOCSAR 2018 report: 36% increase bail refusal ⦁ REFORMS: terrorist charges refused bail (2017)

Gathering of evidence by police ⦁ Evidence Act 1995 (NSW) ⦁ Admissibility of evidence: obtained legally, relevant, reliable ⦁ LEPRA 2002 (NSW) and Crimes (Forensic Procedures) Act 2000 ⦁ Police need consent to collect DNA or local court order ⦁ Admissibility prevents unreliable evidence and wrongful convictions ⦁ Criticism: “Most people have unrealistic perceptions of DNA evidence and wrongfully consider it infallible, which can lead to miscarriages of justice” – SMH, 2014 ⦁ R v Jama (2008): flawed evidence = wrongful conviction

Detention and interrogation of suspects ⦁ LEPRA 2002 (NSW) ⦁ Issue caution, right to silence ⦁ Children’s Criminal Proceedings Act 1987 (NSW) ⦁ Under 18s adult required and must consent to adult present ⦁ Maximum investigation period = 6 hours (+6 with local court detention warrant) s. 115 LEPRA ⦁ Terrorism (Police Powers) Act 2002 (NSW) ⦁ Preventative detention: 14 days without charge, age 14+ ⦁ “We must do everything possible to protect our community from terrorist attacks, and these powers do exactly that” – ABC, 2015 CRIMINAL TRIAL PROCESS

Defence to criminal offences ⦁ Crimes Act 1900 (NSW) – lists defences ⦁ COMPLETE: Mental health/insanity (R v MD, 2016) ⦁ Mental Health (Forensic Procedures) Act 1990 (NSW) ⦁ Institutionalised + reviewed every 6 months by Mental Health Tribunal (s. 39) ⦁ Controversial: indefinite sentence, detainment of innocent ⦁ PARTIAL: Extreme provocation (victim blaming) ⦁ Abolished in many states, amended in 2014 to ‘extreme’ after R v Singh, 2012 ⦁ Criticism: “The reform serves to restrict the partial defence to the point of redundancy” – Sydney Criminal Lawyers, 2016

Use of evidence ⦁ Evidence Act 1995 (NSW) – outlines rules ⦁ Witnesses: expert witnesses eg. Doctors, forensics, psychiatrists ⦁ Very persuasive and useful but not flawless (R v Wood, 2012) ⦁ Admissibility of evidence ⦁ Relevant, obtained legally, uncompromised ⦁ Protects from unreliable evidence and wrongful convictions ⦁ Hearsay is inadmissible

Plea and charge negotiation ⦁ Early Appropriate Guilty Pleas ⦁ Criminal Procedure Act 1986 (NSW), amended in 2018 ⦁ Caused by NSWLRC report ‘Encouraging EAGP’ ⦁ 25% discount and reduces closer to trial ⦁ Charge negotiation avoids costs and court time ⦁ Controversial: crimes can go unpunished, prosecutors can coerce ⦁ Criticism: “The bargaining is conducted in secret negotiations between the two parties, neither of which have any interest in making the charges dropped public” – SMH, 2011

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Extensive HSC Legal Studies – Crime Essay Plans including statute law, common law and differing treaties covering the entire Crime core. Great for last minute study!

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