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Law Reform (1 Viewer)

Samie_Loo

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is law reform an important part for crime in the hsc?? im looking at notes seeing how they're not very specific... wat exactly are we expected to know??
 

goan_crazy

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Agencies of reform
Reasons which give rise to the need for law reform

See my LCMD thread for the latest legislation reforms
some include the Bail Terrorism Amendment Act
also the Crime Sentencing Procedures (Sexual Offences) Act or something like that..
 

Meldrum

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You're also expected to have a specific crime which requires reform, just like HR.
 

goan_crazy

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Meldrum said:
You're also expected to have a specific crime which requires reform, just like HR.
best example is R v Skaf -Aggrivated sexual assault in company
nearly wrote R v. Sex :eek:
 

tWiStEdD

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if you want agg sexual assault in company then what about R v AEM (Snr); R v KEM; R v MM
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2002/58.html (NSW CCA)
http://www.austlii.edu.au/au/other/hca/transcripts/2002/S135/1.html (HCA appeal)

law assignment uploaded if anyone wants to read over it. can't vouch for quality but it got a mark in the 90's i think.
keep in mind that these fellas got extremely lenient sentences but they were tripled on appeal... that's a point for the appeal courts on its own.

[from memory]
you should know why the law is changed and indeed how it has changed with particular reference to legal ideals like justice, equality and fairness. You need to be able to offer examples of good and bad law reform and more importantly WHY they are good or bad law reforms.
Is the law just reformed by the State? or do judges play a role?
It would be worth sifting through some judgements to find some top quality cases to use in that regard.
Remember truth in sentencing leglislation (Sentencing Act 1987?): good points? bad points?
s 61(JA) of the Crimes Act 1900 (NSW): Agg Sexual Ass in Co. Does it go far enough? Perhaps too far? What are the goals of these reforms? Deterrence. If the penalty is similar to that of murder, why should the offenders keep their victims alive? Do they have anything more to lose?
Similar arguement against the death penalty: If you commit felony murder in some American states you'll probably end up on death row so why not just go down fighting? take a few cops with you?
We could 'reform' the law to allow for anything, but we have to always be alert as to the reprecussions of those laws.

Sorry about the fragmented thoughts, they're merely ideas to get your brains working.

Good luck everyone.
(for the record, LS was my last exam... so i'd lost all enthusiasm by then and decided i'd write whatever i thought fitted at the time. i wouldnt advise it... but god it was fun to know it was my last exam and after that it was all over)
 

tWiStEdD

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i hate(d) it too.
just go super left-wing and it should be easy to find pros and cons for each ;) trust me
 

Jago

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" It should be noted that his parole officer is not yet born."

haha i like this one
 

enigma~

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I think i should point out that law reform for crime has never been asked and is very likely to be asked in this year's exam. Be prepared for this guys!
 

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