A good way to study - Crime (1 Viewer)

[manifestation]

OMG I HAVE NO IDEA!!!!!!!!! tell me please!

 

[goan_crazy]

OMG I HAVE NO IDEA!!!!!!!!! tell me please!

a defence is a legally acceptable excuse. it is not a mitigating factor
a mitigating factor however is is a factor which may reduce the punishment because it explains or excuses certain behaviour, it is not a defence.
dw, i looked at my notes 4 that
i just got mitigating factor and defence mixed up so had to look. but the answer ^ is correct
next question: what are 4 parties to a crime and explain what they are

 

[manifestation]

OOOooo THanx for that you have expanded my knowledge

SO parties to a crime your talking about:

Perpretrator:
Principle in the first degree and principle in the second degree

Principle in the first degree is the main offender and the second degree is the one who encourages and or knows about the crime before hand.

Accessory before and after the fact

accessory before the fact is the one who helped plan the crime and accessory after the fact is the person who assisted with the crime for example drove the get away car.

is that right????? i hope so :S

 

[goan_crazy]

OOOooo THanx for that you have expanded my knowledge

SO parties to a crime your talking about:

Perpretrator:
Principle in the first degree and principle in the second degree

Principle in the first degree is the main offender and the second degree is the one who encourages and or knows about the crime before hand.

Accessory before and after the fact

accessory before the fact is the one who helped plan the crime and accessory after the fact is the person who assisted with the crime for example drove the get away car.

is that right????? i hope so :S

yep thats rite
ill say it in order my answer will b more simple 4 u 2 understand manifestation
1. accessory before the fact-the person who helped plan the offence but were not there when it occurred
2. principal in the first degree-person who actually commit the main offence.
3. principal in the second degree-Person who was present, assisting in committing the offence.
4.accessory after the fact-Person who, knowing about the crimes, helped the offender afterwards

thats the best order
hope it helped

next question what is discretion?

 

[wrong_turn]

joe, mitigating circumstances and mitigating factors are different.

mitigating circumstance: it is considered in the sentencing procedure

mitigating factor: this is most appropriately situated in the difference in degree of a crime

for example, if one runs over another by accident and you drive off without helping them, and you are caught, this would be an aggravating factor against you.
however, if you stop and help the person, this would be a mitigating factor.

cheers

 

[wrong_turn]

discretion is given from a judge. it can also be given to any personnel from delegated authourities. it can also be given to police, who have discretion when on the streets. however, they are then open to discrimination, like those, "just because i'm leb!" scenarios.

what factors influence a change of legislation? name four.

 

[goan_crazy]

discretion is given from a judge. it can also be given to any personnel from delegated authourities. it can also be given to police, who have discretion when on the streets. however, they are then open to discrimination, like those, "just because i'm leb!" scenarios.

what factors influence a change of legislation? name four.

is this part of crime?
social
cultural
political
economic

 

[melsc]

tut...tut...tut joe...ou le question? tu es bete

 

[goan_crazy]

question?is melsc talking in french now in the LEGAL forum?! after doing it in IPT and i told her 2 stop

ok question: what does LAC stand for?

 

[wrong_turn]

i'll take a guess, legal arbitration comission.

melsc i understood that. guess i have a good memory. did french in year 8.

 

[goan_crazy]

i'll take a guess, legal arbitration comission.

melsc i understood that. guess i have a good memory. did french in year 8.

wrong turn is wrong!
legal aid commission
easier than u thought ay
next question...what is the 3 tests a person needs 2 pass 2 receive legal aid

 

[melsc]

my teacher loves this question:

Jurisdictional
Means
Merit

What are the rights of the accused?

 

[goan_crazy]

my teacher loves this question:

Jurisdictional
Means
Merit

What are the rights of the accused?

the right to silence
the right to be told the right to silence
legal representation
the right to a fair trial

ps i said explain what they were
Jurisdictional
Means
Merit
so repeat of my question
EXPLAIN the three factors:
Jurisdictional
Means
Merit
in order to receive legal aid

 

[wrong_turn]

well joe it sounded familiar, however, no one is perfect.

the rights of a person is the right to remain silent, the right to 15mins legal advice. is there anymore??

well what is jurisdiction?

 

[melsc]

Jursidictional - does it fall into the LAC jurisdicition - the areas of law which LAC can advise in
Means - does the applicants income fall under LAC's threshold
Merit - does the case have a chance of success

What is the main aim of punishment - why?

 

[wrong_turn]

jurisdiction test: whether it is a priority for LAC
means test: whether the accused can affor individual legal representation
merits test: the chances of winning the case.

joe, McInnis v R (1979)
no one has the right to legal aid.

and just in case, Dietrich v R (1992)
in the situation for a fair trial to occur, a person has the right to legal representation.

 

[melsc]

*sigh* you blokes will never learn...obviously pants taking isnt adequate punishment

 

[wrong_turn]

i asked a question earlier!! i was doing some correcting and back-tracking!!

well what is jurisdiction?

 

[wrong_turn]

secretly though, we want you bad melsc! right joe? *whispers to melsc* my place at 12. don't be late*

 

[melsc]

lets hope there isnt too much ryan style violence....

The question is....do i want u guys bad??? LMAO