the end result! (1 Viewer)

[tWiStEdD]

This is the end result of my assesment on the case of R v AEM (snr); R v KEM; R v MM.

It also covers many legal issues including totality, double jeopary and form one offences (thanks ziff). It is set out as the assessment task was. Beginning with 'What is crime? and how does it affect social cohesion?' followed by explaination as to the requirements for a guilty verdict (mens rea, actus reus etc)

I also go into effectiveness and my own personal response to the case.

I'm sharing it for two reasons.

1. I hope someone can correct me if I made a mistake
2. and to help anyone to understand law that little bit more.
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   if you're interested have a look... it's not REALLY that big when you look at it enjoy

 

[MiuMiu]

Be careful of discussing double jeopardy unless you have pulled it straight from an Australian legal textbook cos many people don't actually understand it and its easy to fall into the trap of going by the movie!

 

[santaslayer]

yea it sounds pretty good, but i have never seen a report done in TAHOMA font..i kinda like it!

 

[Ziff]

Some of your paragraphs are extremely long and unweildy. Putting two lines of "i.e." "i.e." after each other makes feel like it's got bit of a rambling quality to it.

I probably would have used the specific word "utilitarian" in the first bit. Otherwise it's nice, long and filled with legislation so I like

Your bit about the Skaf case: "It should be noted that his parole officer is not yet born." - Hilarious lol...

Isn't double jeopardy that once you've been trialed for the charge and acquitted you can never be trialed for it again even if new evidence comes to light? (Does anyone know of a case where a criminal has been acquitted then just yelled out "Ha! I did it!" or something similar? Not that you would due to the media and all...)

 

[tWiStEdD]

hehehe... double jeopary works in both the sense that it prevents the state going after an offender more than one time for one crime. you cannot be charged for the death of Bill once you have been aquitted of his murder. this applies to anything regarding his death. no manslaughter charges, nothing. you cannot be charged with his death.

but, as shown in the OJ Simpson case (while it is american law, the concept applies here), you can pursue it privately. (esp enticing owing to the burden of proof) this would only amount to compensation hence not allowing you to lodge a private prosecution to pursue a greater sanction such as gaol time.

additionally, an appellate court cannot apply a greater sentence than the trial judge could have applied... it seems logical, but it apparently applies when the crown appeals.

There is undoubtebly more to the definition of DJ but i cant find anything. i've looked for legislation covering it, and theres nothing. does anyone know if it's case law? or statute law?

re: my overuse of i.e.... i guess you're right ziff but then again... this was only worth 5%.... alot of work for a measily 5%. That's rambling isnt it? lol oops. i wont do it again ziff

 

[Ziff]

These 5% assessment tasks piss me off. I had a 5% one that required heaps of work too, I was ready to start throwing punches or something...

Anyway, about double jeopardy and law in general, if you can't find much information about it in regards to NSW or other Australian states then your next best bet is to find something about it from the UK. A lot of laws that we adopt or propose are based on laws that the UK have passed e.g. 'Criminal Appeal Ammendment (Double Jeopardy) Bill 2003' which is based on the British version.
Basically, it would allow the Government to submit a person to retrial if compelling new evidence came to light. There's stuff in there about safe guards like only allowing one retrial but I don't think it's a smart move, double jeopardy should stay.

Here's the Public Defender's take on it, very detailed, it's pretty good:
http://www.lawlink.nsw.gov.au/pdo.nsf/pages/DoubleJeopardy

And also:

http://www.lawlink.nsw.gov.au/clrd1.nsf/files/Parliamentary Brief on Double Jeopardy.pdf/$FILE/Parliamentary%20Brief%20on%20Double%20Jeopardy.pdf

Which details Double Jeopardy in other Australian jurisdictions as well...

BTW: Legislation that has Double Jeopardy in it is the 'Criminal Appeal Act [1912] NSW'

 

[tWiStEdD]

thanks heaps ziff i've always wanted to know more re: double jeopardy

 

[adamj]

Sexual Offences are counted under law as Crimes against a person.

 

[tWiStEdD]

i wanted to seperate them for the different feelings evoked by a rape as opposed to a sexual assault.

sorry for any confusion

 

[Gemstone]

Just out of interest I thought they were getting rid of double jepordy in australian law. Did I hear wrong?

Gemma

 

[Ziff]

Originally posted by Gemstone
Just out of interest I thought they were getting rid of double jepordy in australian law. Did I hear wrong?

Gemma

Read these:

Originally posted by Ziff
Here's the Public Defender's take on it, very detailed, it's pretty good:
http://www.lawlink.nsw.gov.au/pdo.nsf/pages/DoubleJeopardy

And also:

http://www.lawlink.nsw.gov.au/clrd1.nsf/files/Parliamentary Brief on Double Jeopardy.pdf/$FILE/Parliamentary%20Brief%20on%20Double%20Jeopardy.pdf

Which details Double Jeopardy in other Australian jurisdictions as well...