Legal Studies Crime Summary

Only available on StudyMode
  • Download(s) : 64
  • Published : July 17, 2012
Open Document
Text Preview
Study Notes - CRIME

1.1 -Types of Crimes

Victimless Crimes -

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

1. STATUTE 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:

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

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

2. COMMON LAW:
-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

3. CONSTITUTIONAL SEPARATION OF POWER:
-outlines the separation of power between;
LEGISLATIVE - making law
JUDICIARY - interpreting law
EXECUTIVE - enforcing law

4. DIVISION OF POWER
-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

THE LOCAL COURT:
-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

THE DISTRICT COURT:...
tracking img