Crime LCMs

The Meaning of Crime

Crimes (Criminal Organizations Control) Act 2009 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Wainohu v NSW (2011)
Crimes Amendment (Consorting and Organized Crime) Act 2012
(NSW)
The Consorting law (SMH)

Causation
R v Hallett (1969)
Blaue v (1975)

Categories of Crime
R v Sharkey (1949)

Factors Affecting Criminal Behavior

Bureau of Crime Statistics and Research (BOSCAR)

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

Arrest & Charge

NSW Police code of practice for Crime
Aggressive Policing creating court delays, crime statistics boss says, SMH
2014

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.

Detention and Interrogation; Rights of the Suspect

Terrorism (police Powers) Amendment (Preventative Detention) Act
2005
Mohammad Haneef Case 2007
The Evidence Amendment (Evidence of silence Act 2013)
 Right to remain not quite so silent, SMH 2012
Lawyers avoid police stations to uphold clients rights, Lawyers Weekly
2015
o NSW Law society says Evidence of Silence Law should be
scrapped
o Its never been used
o Lawyers are not just showing up to the police station to get around
law

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

Burden of Proof / Standard of Proof

Evidence Amendment (evidence of silence) Act 2013
Right to remain no quite so silent, SMH 2012

Use of Evidence
Jeffery Gillham 2012
Gordon Wood 2012
Frank Jama 2010
7.30 Report 2012
Evidence Act

Defenses to Criminal Charges Complete Defenses

Criminal Procedure Amendment (Mandatory Pre-Trial Defense
Disclosure) Act 2013
MNaghtens Case (1843)
NSW Law Reform Commission report on Mental Illness (2012)
Mental Health (Forensic Provisions) Act
Mental Health Review Tribunal
R v Katarzynski 2002
Dudley and Stephens v R 1884
R v White1972
Defenses to Criminal Charges Partial Defenses To Murder
R v Camplin 1878
R v Singh 2012
R v Won 2012
Green v The queen
Byrne V R 1960
Crimes Amendment (provocation Act 2014
Blame the brain, SMH 2014
Mentally ill man who stabbed stepfather to death wins appeal against
prison terms, News 2015
o Substantial impairment case R v Villalon 2014

The Role Of Juries

Bilal Skaf case
Jurors Playing detective abandoned after Jurors play Soduku, ABC news
2008
Cesan 2007
BOSCAR 2008
NSW Law Reform Commission
Jury Directions, NSWLRC Report 2012
Jill Meagher Case
R v Leach 2010
Did Abortion Jury Ignore Law in Favor of common Sense?, SMH 2010
Juries (Amendment) Act 2006 (NSW) Brought in MAJORITY VERDICTS
 Majorit Verdicts NSWLRC 2005
R v Leung
Simon Gittany and the case for Judge only trials, ABC 2014
Legal fraternity debates the relevance of juries in light of social media age
2015
o Debate on the validity of Trial by juries in the 21st centaury
o Argue that the media make it impossible for a non influenced jury
o SOLUTION: allow people to have the choice to have a judge alone
trial or by judge and jury trial with a fair election, effective in the
case Llyd Rayney case

Statutory And Judicial Guidelines

Sentencing Act 1989 NSW
Crimes (sentencing Procedure) Act 1999 NSW
Crimes (Sentencing Procedure) Amendment (Standard Minimum
Sentencing) Bill 2003 NSW
Crimes Act 1900 NSW
The NSWLRC report 139 Sentencing
S.21A Constitution
Crimes Amendment (sexual offences) act 2008
Muldrock 2011
The NSW Sentencing Council
R v Henry 1999
Crimes Amendment(Murder of Police Officers) Act 2008
Is a policemans Life worth more?, SMH 2011
Crimes and Other Legislation Amendment (Assault and intoxication) Act
2014
Mandatory Sentencing, Nicholas Cowdery, Sydney Law School
Distinguished Speakers Program 2014
Get tough laws erode functions of justice, SMH 2011
Queensland Child-sex law may lead to murder, The Australian 2012
Putting the Truth into sentencing, SMH 2010
Judicial Commission of NSW 2010
Sentencing report 139 NSWLRC

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

The Role of the Victim in sentencing

Putting the truth into sentencing, SMH 2010
NSW Charter of Victims rights
VIS
R v Slack 2004
R v Aguirre 2010
Anne Redman case
Murder case material censored by court, ABC news 2012
BOCSAR 2012
Does forum Sentencing reduce reoffending? BOCSAR 2009

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

Post Sentencing Considerations

Police v Power 2007
R v Ghilchrist 1991
NSW limits sentence discounts for criminals, the World Today Program,
Radio National 2010
Monitoring Trends in re offending among offenders released from prison,
BOCSAR 2008
Lim v State Parole Authority and NSW A-G 2012
NSW A-G Chiew Seng Liew 2012
NSWLRC
Terrorism (police Powers) Amendment (preventative detention) act 2005
Kable v DPP 1995
Community protection act 1994 NSW
Dangerous Prisoners (sexual offenders) Act 2003 QLD
Fardon v Attorney General QLD 2004
The Crimes (serious sex offenders) Act 2006 NSW and the Tilman case
2007
No exit: Sex offenders Jailed for all Time, SMH 2008
Crimes (serious sex offenders) amendment act 2013
Crimes (High risk offenders) act 2006
Child Protection (offenders Registration) act 2000 NSW
Australian National Child Offender Register
Moral Panic: Does Public Registration of sex offenders work?, Crikey 2012
Migration Act
Choon Tee Lim 2010
Chiew Seng Liew 2012
Muhamed Haneef 2007

Young Offenders
Noetic Review (2010)
Young Offenders Act 1997
 Crimes (sentencing Procedure) Amendment (Provisional Sentencing for
Children Act 2013

Ages Of Criminal Responsibility

CROC
R v Gorrie 1919
Jamie Bulger 1993 (UK)
R v LMW (death of Corey Davis) 1999
A Review of the Law on the Age of Criminal Responsibility of Children
Perspective Program, ABC Radio National 2004
Doli Incapax: Why Children Deserve Its Protection Murdoch University
Electronics Journal of Law 2003
Australian Law Reform Commission Found in the Report Young Offenders
2005
Age of Criminal Consent: 16 or 8, SMH 2012

Childrens Court
Childrens Court Act 1987 NSW
Children (Criminal Proceedings) Act NSW
Corey Davis Case 1999

Penalties For Children

Noetic Review 2010
Hot Topic 73: Young People and Crime
NSW Sentencing Council
The specific deterrent effect of custodial penalties on juvenile reoffending
(Book 2009)
Unprecedented drop in Young People under Justice Supervision, ABC
News 2014

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

Evaluate the Effectiveness (Young Offenders)

Youth Justice and the failing of lock em up politics, ABC news 2012
 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 the YJC, BOCSAR 2012
Restorative Justice Initiatives: Public Support and Opinion in NSW,
BOSCAR 2012
Noetic Review
Young Offenders act 1997
Young people can confess minor offences without getting a criminal
record, The Guardian 2014
The Transition from Juvenile to adult criminal careers, BOCSAR 2005
YJC vs Childrens Court: a comparison of reoffending, BOCSAR 2012
Reoffending among young people cautioned by police or who participated
in a YJC, BOCSAR 2006
Impact of the NSW young offenders act 1997 on the likelihood of
custodial order, BOCSAR 2013

Dealing With International Crime (Australia)

Geneva Conventions
Rome Statute1998
Mutual Assistance in Criminal Matters Act 1987
The Extradition Act 1988
Jock Paulfreeman
Parlermo Protocol 2000
Geneva Conventions Act 1957
ICC act 2002
ICCC (consequential Amendments) Act 2002
Crimes Legislation Amendment (slavery, Slavery-like conditions and
people trafficking) 2013
R v Tang
Australian Federal Police Force
Australian Crime Commission
Attorney-Generals Department

Dealing With International Crime (International)

International Criminal Tribunal for the Former Yugoslavia (ICTY)
Geneva Conventions and international Customary Law
Slobodan Milsevic
Radovan Karadizic
Ratko Mladic
House of Good and Evil, The Australian 2012
International Criminal Tribunal for Rwanda (ICTR)
Kambanda (1998)
Gacaca traditional courts
Nuremburg Trials
 The Hague
Thomas Lubanga 2012 (the democratic Republic of the Congo
Ngudjolo 2012
Prosecutors v Germain Katanga 2014
o Guilty of Crimes against humanity by the ICC
o 12 Years imprisonment
Kosovo Special Court Step Toward Justice 2015
o Created a special court to try serious crimes committed after the
98-99 Kosovo War
ICC: cote divoire Case Highlights Courts Missteps 2015
o Human Rights Watch has been Critical of the ICCs Approach to
Prosecution

Evaluate Domestic Measures

War crimes in Australias too hard basket? ABC 2011

Evaluate International Measures

Effectiveness of international Crimal Justice 2008
US prosecutor condemns Hague Trials on Kenyan Leaders, The Guardian
2014
ICC drops Murder and rape charges against Kanyan President, Guardian
2015
o Kenya Diddnt cooperate with the ICC investigation into their own
president , so the charges have been dropped
o Raises issues of the ICCs perceived bias against African countries
o Highlights the tribunals difficulties in bringing justice the high
ranking officials it has accused of atrocities
o The collapse of the case is a new blow to the credibility of the
courts prosecution office