Crime Summary: Legal Studies

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Study Notes - CRIME

1.1 -Types of Crimes

Victimless Crimes -

Type |Example |Legislation | |Against the Person |Homicide, assault |The Crimes Act 1900 (NSW) | |Economic Offences -against property
-White collar crime |
larceny, theft, break+enter
tax evasion, embezzlement |
The Crimes Act 1900 (NSW)
The Crimes Act 1914 (Cth) | |Against the State |treason, sedition |The Australian Constitution The Crimes Act 1900 (NSW) | |Drug Offences |possession, use |Customs Act 1901 (Cth) The Poisons Act 1966 (NSW)

Drug Misuse and Trafficking Act 1985 (NSW) | |Public order Offences |indecent behaviour, offensive language |Summary Offences Amendment Act 1997 (NSW) The Crimes Act 1990 (NSW) | |Regularoty Offences |lighting fire during ban, no train ticket |The Summary offences Act 1988 (NSW) | |Traffic Offences |culpable driving, speed limit |The Crimes Act 1900 (NSW) The Road Transport (General) Act 1909 (NSW) | |Preliminary Crimes |, conspiracy |The Crimes Act 1900 (NSW) | |

1.2 - Sources of Criminal Law

-Laws made in parliament
-In NSW most criminal offences are found in the Crimes Act 1900 (NSW)
-Under Section 5 of the NSW Constitution Act 1902 (NSW) the NSW Parliament has the right to make laws in relation to criminal offences
-However if there is a conflict between state and federal law, Federal overrules in accordance to Section 109 in the Australian Constitution

Some Importance Legislation to remember is:

Crimes Act 1914 (Cth)
Criminal Code Act 1955 (Cth)
Customs Act 1901 (Cth)
Migration Act 1985 (Cth)

Crimes Act 1900 (NSW)
Children (care and Protection) Act 1987 (NSW)
Summary Offences Act 1998 (NSW)

-Referred to as 'judge-made law'
-Requires a judge to use their discretion in making judgments
-Made when there is no existing Statute Law
-Common Law may set a precedent for cases in lower courts
-Judge-made law must follow precedent (if any) from higher courts
-Codification exists in WA, NT, QLD etc which uses Acts of Parliament only

-outlines the separation of power between;
LEGISLATIVE - making law
JUDICIARY - interpreting law
EXECUTIVE - enforcing law

-Is classified under Section 51 of the Australian Constitution
-Outlines the Federal Government Powers and State Government Powers
-Federal Powers are called Exclusive
-State Powers are called Residual
-Shared Powers are Concurrent
-If there is a conflict between State and Federal powers, in accordance to section 109 of the Constitution, the federal power overrules

1.3 - The Court Structure
1. Local, Children's and Coroner's Court
2. District and Drug Court
3. Supreme Court
4. Court of Criminal Appeal
5. High Court of Australia

-magistrate, no jury
-The judge is impartial and cannot probe etc
-The Local court has two main functions
-to hear and decide summary offences
-to conduct committal hearings to determine -prima facie
-PAGE 73 case - Saffron v. DPP (1989) - case to be used in regards to prima facie

SAFFRON v DPP [1989] 16 NSWLR 397

-Abe Saffron and Bill Allen, former assistance commission of police were charged with conspiracy to bribe Bill Molloy to act against his duty as a police officer -Committal hearing, Molloy claimed that Saffron had paid him $500 on 5 occasions -Laws of the Special Licensing squad affected nightclubs that Saffron owned -The DPP also proved that Saffron had visited Allen at the police headquarters throughout 1981 -There was a conflict in evidence provided, and in relation to the 'meetings' -3 witnesses all had different stories, and all doubted the other's evidence -At the Supreme court level, the evidence was so confusing and varying that the jury could not convict -It was ruled that the magistrate should've dismissed the charges during the committal hearing

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