The legals ripoff of the businesses game thing (1 Viewer)

[cxlxoxk]

Yeah, it just means involuntary movement caused by a condition, so I guess that could be used as a defense. But she was referring to autonomy, where all legal rights are given upon reaching legal age.

yeah but the question she was answering was mine, and i mean automatism...

Outline the police's search and seizure powers.

They have the right to search persons or premises with a search warrant signed by a magistrate or authorised Justice of Peace. They can search an arrested person, after they arrest.

What document, in English Law, upon which Australian law is based, first recognised the King's limited power over an individual?

 

[charlesdinio]

Distinguish between criminal and civil law, giving examples when appropriate.

A crime is any act or ommission of duty which is harmful to society and punishable by the state. Criminal law is the branch of law dealing with Acts that are considered to be of societal importance, for example a break and enter or murder. In criminal law, the standard of proof is beyond a reasonable doubt, and the burden of proof is upon the prosecution representing society.

Civil law relates to actions raised by private individuals and can include tort, family, propety and contract law as seen in breskvar v. wall. In civil law, the standard of proof is on the balance of probabilities (i.e. 50 + 1) and the burden of proof is on the plaintiff, who originally begins legal proceedings.

Using examples, describe the elements of a crime

 

[charlesdinio]

Yeah, it just means involuntary movement caused by a condition, so I guess that could be used as a defense. But she was referring to autonomy, where all legal rights are given upon reaching legal age.

yeah it could deff be used for a crime, has been on many occasions, the two I know are R v. Falconer (1990) and R v. King (2004)

 

[Jackets]

=P

Also the role of the media in raising awareness of human rights issues, as can be seen in media reports on asylum seekers.

Outline the police's search and seizure powers.

Police must have a warrant to undertake a search unless legislation provides otherwise. For example, during the Cronulla riots of 2005, Police were given the power to search the property of anyone they suspected of intending to engage in illegal criminal behaviour.

Police are able to seize anything they deem illegal or able to cause harm or infringe on the safety of another.

What are preliminary crimes?

 

[charlesdinio]

Oh nice, thanks for the correction. So rendition is between the states of a country huh?

Rendition is the exact same as extradition, however no extradition treaty exists, its like a safety net for those countries who don't have treaties but have criminals attempting to evade justice.. always good!

 

[charlesdinio]

=P

Also the role of the media in raising awareness of human rights issues, as can be seen in media reports on asylum seekers.

Yeah the media is perhaps the largest and most effective

also mention the likes of:
HURIDOCS
Human Rights Watch
Amnesty International

 

[Azreil]

Document:
The Magna Carta?

This thread is going all over the place >>

Using examples, describe the elements of a crime
Mens rea: or mental element, generally described as intent, but can also include reckless indifference to human life or negligence. This would include a foresight to the possible consequences and acting any way, or a significant departure from what a reasonable person would do eg R v Stevens leaving his sister (?) in bed for months without calling a doctor.

Actus reus: the physical act, that the accused actually commited the crime. Example... yeah.

Causation: that the act that the accused commited actually caused the consequence. Evans v Gardener led to the precedent of the "year and a day rule", in which if the victim dies a year and a day or more after the crime, causation is not proven.

Describe the parties to a crime.

 

[cxlxoxk]

Using examples, describe the elements of a crime.

Mens rea - guilty mind...example: did the person act with intent? did the person act with a gross degree of negligence or recklessness?

If the person did something on accident/by mistake, mens rea can't be proved.

Actus reus - guilty act...example: is the crime the same as the one the person is suspected of commiting, did the suspected offender commit/try to commit (in the case of preliminary crimes) the offence?

Causation - can the injury in which the crime is based upon be linked to the offence? if someone did not die from a stab wound, but instead refused to go to hospital to receive treatment, the charge can't be murder...

What are preliminary crimes?

A preliminary crime is one where the offender didn't commit the offence, but tried to/planned to/planned with others to. It includes attempt and conspiracy.

Describe the parties to a crime.

Principal first degree - Commited the offence, was there in the offence.

Principal second degree - Helped commit the offence, was there for the offence.

Accessory before the fact - Helped plan the offence, was not at the offence itself.

Accessory after the fact - Helped the offenders after, eg. get away car, storing stolen property, disposing of weapons used in an offence.

Outline all the ways in which the judiciary has discretion.

 

[Azreil]

What are preliminary crimes?

Conspiracy and attempt.

Conspiracy is when two or more people jointly agree to undertake a criminal act.

Attempting to commit a crime is a crime in itself. The sentence is the same for an attempt as it is to the act itself however
Ledwith v. Roberts (1937) proved that specific behaviour must be proved for someone to be found guilty of attempt.

 

[Jackets]

Document:
The Magna Carta?

This thread is going all over the place >>

Using examples, describe the elements of a crime
Mens rea: or mental element, generally described as intent, but can also include reckless indifference to human life or negligence. This would include a foresight to the possible consequences and acting any way, or a significant departure from what a reasonable person would do eg R v Stevens leaving his sister (?) in bed for months without calling a doctor.

Actus reus: the physical act, that the accused actually commited the crime. Example... yeah.

Causation: that the act that the accused commited actually caused the consequence. Evans v Gardener led to the precedent of the "year and a day rule", in which if the victim dies a year and a day or more after the crime, causation is not proven.

Describe the parties to a crime.

Principle = That who committed the crime.
Accessory before the fact = A person who helped the priniciple commit the crime. E.g. Loaded the gun which was used by the principle to shoot the victim.
Accessory after the fact = A person who helped a person after the crime was committed. E.G. harbouring the criminal.

Am I right? I won't ask another question cause I dunno if I'm right.

EDIT: This is a fucking great way to study! So much better than reading over boring notes.

 

[knots&crosses]

shit.. i didnt read the question properly..
oh well

ok um mitigating circumstances?

Q:what are the post-sentencing decisions

wouldnt it be circumstances of the offender??? which are the objective circumstances.

Ok an ill ask a question...

Name and briefly explain the nature and development of human rights.

 

[charlesdinio]

Document:


Describe the parties to a crime.

haha im so incredibly over answering this question. in the shortest way possible:

principle in the first degree - the perptrator who committs the actual crime

principle in the second degree - assisted in doing so, recieves the same punishment

accessroy before the fact - helped plan the crime, recieves the same punishment

accessory after the fact - helped them get away, recieves lesser penalty



briefly describe the post sentencing decisions

 

[Jackets]

haha im so incredibly over answering this question. in the shortest way possible:

principle in the first degree - the perptrator who committs the actual crime

principle in the second degree - assisted in doing so, recieves the same punishment

accessroy before the fact - helped plan the crime, recieves the same punishment

accessory after the fact - helped them get away, recieves lesser penalty



briefly describe the post sentencing decisions

Are you sure the principal in second degree would receive the same punishment as the principal in first degree?

And I don't know about your question.

 

[charlesdinio]

Ledwith v. Roberts (1937) proved that specific behaviour must be proved for someone to be found guilty of attempt.

is the case real or made up?

tried to read up on it, couldn't find it

 

[Azreil]

Name and briefly explain the nature and development of human rights.

NATURE:
Universal: Everyone is entitled.
Indivisable: No one is more important than the other.
Inalienable: No one has the right to take them off you.
Interdependent: Each depend on all the others.

Development:
The Magna Carta, Declaration of Independence of the United States of America, The Declaration on the Rights of Man and the United Nations Declaration on Human Rights are all important documents which outline the development of human rights; contemporarily, however, it has been the increasing impact of globalisation and awareness and lack of acceptance of human rights abuses that has developed the idea of human rights as the above in the minds of many people.

Describe 3 law systems.

 

[Anita8888]

hey does anyone know where i can find world order info. apparently the heinemann textbook doesnt provide enough info and I'm pulling my hair out.
PLEASE HELP!
Thanks xx

 

[Jackets]

Hey guys,

Do you think if we make up cases/legal reports/news articles to support our points we'd get caught out?

 

[charlesdinio]

Are you sure the principal in second degree would receive the same punishment as the principal in first degree?

And I don't know about your question.

yeah they do recieve the same punishment, on some occasions they recieve less, its left to the courts discretion.

Dont cite me, but I'm quite sure the principal in the second degree got a lesser penalty in R v. White (1977)

I will look in a sec!

And the answer to post sentencing decisions:


- security classification, i.e. min, med, max
- parole, under the crimes amendment (standard minimum sentencing) Act 2002 (nsw)
- protective custody, i.e. for people who are likely to be at risk

thats as breifly as i can put it

 

[cxlxoxk]

Are you sure the principal in second degree would receive the same punishment as the principal in first degree?

And I don't know about your question.

its like parole, and remissions (time in prison is reduced for good behaviour - does not exist anymore) and other stuff, i think...

answer my question

Outline all the ways in which the judiciary has discretion in the criminal process.

 

[charlesdinio]

Hey guys,

Do you think if we make up cases/legal reports/news articles to support our points we'd get caught out?

No you wouldn't get caught unless you made a substantial claim

i.e. in the case of R v. Charlesdinio (1998), after shooting his de facto, was acquitted because he was unaware what he was doing was a crime.

or something completely impossible, other than that, it should be ok!

Just pray you dont have a case law freak reading your essay lol