Professional Documents
Culture Documents
CRIME
Nature of - Crimes Amendment - R v Thomas Sam; R v Manju Sam (No. 18) [2009]
Crime (Computer offences) Act NSWSC 1003
2001 (NSW) mens rea being proved through criminal negligence where
the accused failed to foresee the risk to their child by
- Crimes Act 1900 (NSW)
rejecting treatment for the child’s medical condition of
- Copyright Amendment Act eczema
2006 (Cth) - R v Munter [2009] NSWSC 158
- Crimes Act 1914 (Cth) Todd Munter charged with manslaughter after he punched
66 year old Ken Proctor over a dispute regarding water
- Criminal Code 1995 (Cth) restrictions. Ken fell to the ground and Munter kicked him
- Anti-terrorism Act (No 2) in the mid section. Ken died from a heart attack as a result
of the blows inflicted. Munter’s unlawful assault caused
2005 (Cth) Ken’s death despite having no intention to kill him, thus
- Drug Misuse and Trafficking manslaughter.
- Boughey v The Queen (1986) 161 CLR 10
Act 1985 (NSW) A doctor strangled his wife during a sex game. The court
- Summary Offences Act held that there was a substantial or good chance of harm,
that boughey had the knowledge and capacity to know
1988 (NSW) better and that the act constituted a ‘reckless indifference
- Customs Act 1901 (NSW) to human life’. He was convicted of murder.
- DPP v Newbury and Jones [1977] AC 500
- Road and Transport (Safety The accused deliberately dropped slab of concrete from
and Traffic Management) the bridge and the concrete hit and killed a train guard.
This act was held to constitute involuntary manslaughter
Act 1999 (NSW) because there was no intention to kill or harm anyone.
- 61JA of the Crimes Act - R v AEM (Snr); R v KEM; R v MM [2002]
1900 (NSW) NSWCCA 58
Two brothers and their cousin, who were 19,16 and 16
- Aggravated sexual
years old respectively at the time of the crime, lured two
assault in company 16 year old girls who were waiting for a taxi to the
- Cybercrime Legislation offenders’ home in Villawood. The girls were then forcibly
Amendment Bill 2011 (Cth) detained and sexually assaulted over a period of several
hours, they were also threatened with knives and verbal
- Council of Europe death threats. They originally got 5 - 6 years’
- Telecommunications Act imprisonment each, but got increased to 13 - 14 years’
imprisonment each after the introduction of the new
1997 (Cth) offence to 61JA of the Crimes Act 1900 (NSW) called
- Telecommunications ‘aggravated sexual assault in company’.
- R v Rivkin (2003) 198 ALR 400
(Interception and Access) Rene Rivkin, a well-known Australian entrepreneur,
Act 1979 (Cth) investor and stockbroker, was found guilty of insider
trading after a long-running investigation, for having
purchased 50 000 shares in Qantas in April 2001. It was
found that Mr Rivkin had been told confidential information
by a company executive - just hours before he bought the
shares - of an impending merger between Qantas and the
company, Impulse. He got a profit of only $2662.94, and
got convicted and sentenced to nine months of periodic
weekend detention, as well as the revocation of his
stockbroker licence.
- R v Whybrow (1951) 35 CAR 141
A husband connected electricity to the soap dish in the
family bath in order to electrocute his wife. She only
received a shock however and did not die. The court
found him guilty of attempted murder because of his
intention for the act to result in death was clear, despite
the fact that it had failed.
- Riot at Mount Druitt Station
on April 7 2016 at Mount Druitt Station a wild brawl
ensued and spilled onto the surrounding streets. A
molotov cocktail, a knife and a golf club were among the
weapons allegedly used in the violence, which spilled onto
nearby North Parade. 17 people have already been
charged with rioting.
- Van Nguyen
a 25 year old Australian Citizen imported 396.2 grams of
heroin into Singapore in 2002. He was caught at Changi
airport and hanged at Changi prison.
Criminal - Bail Act 1978 (NSW) - Darby v Director of Public Prosecutions [2004]
Investigation - Viewed as complex NSWCA 431
Process and outdated Magistrate in the local court that the actions of the dog in
- Bail Act 2013 (NSW) sniffing so closely and making contact with Darby
- Introduced the constituted an unlawful search. Appealed to the Supreme
unacceptable risk Court, which ruled that the magistrate had erred in the law
test and removed and that the dog’s search was not a search and that the
the presumptions for police officer’s own search was legal because it was
and against bail formed on reasonable grounds - on the basis of the
- Bail Act 2014 (NSW) information conveyed by Rocky’s sniffing.
- Introduced the show - Roberto Curti
cause test Chased by officers and tackled to the ground. Thereafter
- Bail Act 2015 (NSW) he was tasered NINE times even though he couldn’t move
- Introduced because he was face down, handcuffed and being
presumptions restrained by up to 5 police officers whilst under the
against bail for influence of LSD. excessive use of force, recklessness
terrorism offences causing death, arrest without warrant. NO CHARGES
and expanded the LAID against s230 of LEPRA
matters to be - Cory Barker
considered as part Barker was slammed into a bin and a chair, swung into a
of the bail machine and the forced to the ground where he was
assessment in kicked in the head and kneed in the side. excessive use of
section 18 of the act force. arrest without warrant.
- Crimes Act 1900 (NSW)
- Evidence Act 1995 (NSW)
- Law Enforcement (Powers
and Responsibilities) Act
2002 (NSW) LEPRA
- Part 4 - ‘search
people and seize
and detain things’
- Part 5 -
circumstances in
which a search
warrant can be
used.
- Detention for
questioning
- Terrorism (Police Powers)
Act 2002 (NSW)
Criminal trial - Judiciary Act 1903 (Cth) - R v Zecevic (1987) 162 CLR 645
process - Local Court Act 2007 The defendant must have reasonable grounds to believe
(NSW) their life was threatened and they must use only
- Coroner’s Act 2009 (NSW) ‘proportional and reasonable force’ to defend themselves.
- Children’s Court Act 1987 Used the complete defence of self-defence/necessity.
(NSW) - R v Williamson (1972) 2 NSWLR 281
- District Court Act 1973 The defendant disposed or a body while under the threat
(NSW) of death and this threat was held to constitute duress.
- Supreme Court Act 1970 Used the complete defence of duress.
(NSW) - R v Camplin (1978) AC 705
- Legal Aid Commission Act 15 year old boy successfully argued provocation after he
1979 (NSW) hit his uncle with a frying pan and killed him. The uncle
- Evidence Act 1995 (NSW) had just sexually assaulted the boy and was mocking him
- Jury Act 1977 (NSW) about the incident. Court held that an ‘ordinary person’ in
- Jury Amendment (Verdicts) the position of the accused would have formed the intent
Act 2006 (NSW) to kill or inflict grievous bodily harm on the person who
had assaulted them. Used the partial defence of
provocation.
- Dietrich v The Queen (1992) 177 CLR 292
established a limited right to legal representation in
Australia
- Wood v R (2012) NSWCCA 21
Gordon Wood had been convicted of the 1995 murder of
his then girlfriend Caroline Byrne. At the trial, an expert
witness provided testimony that Wood could have caused
the death of his girlfriend by throwing her body off the Gap
at Sydney’s Watson’s Bay. Appealed in February 2012,
after the NCWCCA agreed that his testimony was flawed
and that there was reasonable doubt about his scientific
proof relating to Ms Bryne’s death.
HUMAN RIGHTS
Nature and - International Bill of Rights - R v Knowles; ex parte Somersett (1772) 20 State
development - Universal Tr 1
of Human Declaration of The judge, Lord Mansfield, held that slavery was no longer
Rights Human Rights legal in England – but this did not affect slavery elsewhere
(1948) UDHR in the British Empire.
- International - United States v Libellants and Claimants of the
Covenant on Civil Schooner Amistad 40 U.S. (15 Pet.) 518 (1841)
and Political Rights This case was fought in the north-eastern US state of
(1966) ICCPR Connecticut. The central issue was the fate of a group of
- International slaves who mutinied on the ship La Amistad against slave-
Covenant on traders who had kidnapped them from Africa in order to
Economic, Social sell them in the southern United States. The US Supreme
and Cultural Rights Court was given the task of deciding whether the Africans
(1966) ICESCR should be freed or sent back into slavery. John Quincy
- Slave Trade Act 1807 Adams, former US President, acted as the slaves’ defence
(Great Britain) lawyer and argued for their freedom.
- Slavery Abolition Act 1833 - Chee Mei Wong (2013)
(Great Britain) Chee Mei Wong was convicted of conducting a business
- Charter of the United involving sexual servitude (s270.6 of the Criminal Code)
Nations (1945) and offences of allowing non-citizens to work in breach of
- The Constitution of the
their visa requirements (s245C of Migration Act) on 27
United States of America
1787 (USA) March 2013. She recruited six women from Malaysia for
- General Act of Brussels the purpose of working at a brothel, of course they weren’t
(1890) told that they would work in a brothel, they were promised
- Trade Unions Act 1871 a job or an education, and when they got here on student
(UK) visas, Wong said that they had to repay a debt of $5000,
- Representation of the this is called debt bondage.
People Act 1918 (UK)
- Wei Tang (2009)
- Education Act 1870 (UK)
Wei Tang was charged with five counts of possessing a
- Public Instruction Act 1880
(NSW) slave and five counts of intentionally exercising over a
- UN Declaration of the slave, the power attaching to the right of ownership
Rights of Indigenous namely the power to use, contrary to s270.3(1)(a) of the
Peoples (2007) Criminal Code.
- African Charter on Human - Roach v Electoral Commissioner [2007] HCA 43
and People’s Rights (1981) Right of prisoners to vote
- American Convention on - Mabo v Queensland (No. 2) (1992) 175 CLR 1
Human Rights (1988) Native title, self determination
- Stockholm Declaration - Tasmanian Dams Case
(1972) - Lange v Australian Broadcasting Corporation 1997
- Rio Declaration (1992) constitutional right to freedom of political communication
- Kyoto Protocol (1997) - Croome v Tasmania 1997
- Treaty of Versailles (1919) Decriminalisation of homosexuality
- Declaration on the Right of - ABC v Lenah Games Meats Pty Ltd 2001
Peoples to Peace (1984) Right to privacy
- Toonen v Australia (1994)
Right to privacy, homosexual couple
FAMILY
Nature of - Family Law Act 1975 (Cth) - Hyde v Hyde and Woodmansee (1866) LR 1 P&D
Family Law - Marriage Act 1961 (Cth) 130
- Property (Relationships) Act marriage is the ‘voluntary union for life of one man and
Responses to 1984 (Cth) one woman, to the exclusion of all others’
problems in - Status of Children Act 1996 - Di Mento v Visalli (1973) 1 ALR 352
family (Cth) Di Mento was kidnapped by Visalli, who repeatedly asked
relationships - Children and Young her to marry him, to no success. Di Mento’s father told her
Persons (Care and that he would shoot her if she did not marry Visalli. Di
Protection) Act 1998 (NSW) Mento emigrated to Australia and sought to have
- Children (Protection and the marriage annulled on the grounds that she did not
Parental Responsibility) Act voluntarily give her consent.
1997 (NSW) - B v J (1996) 21 FamLR 212
- Adoption Act 2000 (NSW) the father refused to pay maintenance, arguing that the
- Young Offenders Act 1997 child was not his child and that maintenance was the
(NSW) responsibility of the sperm donor because the donor’s
- Crimes Act 1900 (NSW) name appeared on the child’s birth certificate.
- Crimes (Domestic and - C and M [2006] FamCA 212
Personal Violence) Act couple married and separated. Finances were split
2007 (NSW) between them during their marriage, Husband’s income
- Bail Act 1978 (NSW) for mortgage, wife’s for everyday expenses. The court in
- Succession Act 2006 the first instance found that both parties had contributed
(NSW) equally to one another’s debt. The husband was ordered
- Anti-Discrimination Act to pay half his wife’s debt, but was awarded 92.5 per
1977 (NSW) cent of the assets. No adjustment under section 75(2) of
- Child Support (Registration the Family Law Act 1975 (Cth) had been made for the
and Collection) Act 1988 husband’s higher income or greater earning capacity. On
(Cth) appeal, it was held that the method of calculation of the
Reforms parties’ assets and liabilities effectively left the wife with
- Family Law Reform Act only 3.8 per cent of the net assets. The court ordered that
1995 (Cth) the wife’s share of the ‘asset’ (the land and house) should
- Family Law Amendment reflect her financial contributions to the mortgage
(De Facto Financial Matters repayments (assessed at 20 per cent of the total assets).
and Other Measures) Act - Re Michael: Surrogacy Arrangements [2009]
2008 (Cth) FamCA 691
- Family Law Amendment The commissioning parents were attempting to apply to
(Shared Parental the Family Court to adopt the child under section 60G of
Responsibility) Act 2006 the Family Law Act 1975 (Cth). The essential question
(Cth) was, ‘Who are the parents of a child born as a result of a
- Family Law Amendment surrogacy agreement?’ In this case, the two biological
(Family Violence and Other parents (Sharon and Paul) sought an order to adopt their
Measures) Act 2011 (Cth) child after the surrogate mother (Lauren) had given birth to
- Same Sex Relationships Michael.
(Equal Treatment in - Rosie Batty
Commonwealth Laws - Despite years of suffering physical and emotional violence
General Law Reform) Act at his hands, Rosie Batty did everything she could to
2008 (Cth) ensure Luke could see his father. At the time of Luke’s
- Miscellaneous Acts death, Greg Anderson was facing 11 criminal charges,
Amendment (Same-Sex and was subject to four unexecuted arrest warrants.
Relationships) Act 2008 Anderson was granted access to Luke in public when he
(NSW) was playing sport and it was at Tyabb cricket ground in
- Succession Amendment Melbourne, where he murdered Luke at cricket practice. In
(Family Provision) Act 2008 the coronial inquest, police officers, child protection
(NSW) services and Batty stated that they never believed that
- Succession Amendment Anderson would harm Luke, as although he had a history
(Intestacy) Act 2009 (NSW) of violence against Batty, he was not violent toward his
son.
Contemporar Family Law Amendment (De Facto - Hope and Brown v NIB Health Fund LTD 1995
y Issue: Financial Matters and Other - The complainants were in a homosexual
Same Sex Measures) Act 2008 (Cth) relationship. They lived together with Hope's young
- separating de facto son William. Hope and Brown had joint bank
homosexual couples are accounts, joint ownership of a motor vehicle and a
able to bring property and joint mortgage. NIB refused to allow Brown, Hope
maintenance matters to the and Hope's son to have joint health cover under a
Family Court or Federal 'family' or 'concessional' rate.
Magistrates’ Court - Andrew Hope and William Brown successfully
Health Insurance Act 1973 (Cth) argued that NIB had discriminated against them on
- in 2008, allowed same-sex the basis of their sexual orientation.
couples and their children to - the NSW Equal Opportunity Tribunal recognized
register as a family for the right of gay couples to family health insurance.
Medicare and have the NIB claimed they did not fit their description as a
same entitlements initiated family so Hope and Brown had claimed
through the Hope/Brown v discrimination as a result to no access to health
NIB Health Fund. insurance.
Same Sex Relationships (Equal - Brought about changes to the Health Insurance Act
Treatment in Commonwealth Laws 1973 (Cth) in 2008 allowing same-sex couples to
- General Law Reform) Act 2008 register as a family for medicare.
(Cth)
- Eliminated discrimination in
areas of medicine, social
security, child support, etc
Same-sex relationships Law
Reform Package 2008
- Removed discrimination
against same-sex de facto
couples and their families in
areas such as taxation,
superannuation, social
security and family
assistance, the
Pharmaceutical Benefits
Scheme Safety Net and the
Medicare Safety Net, aged
care, veteran’s entitlements,
immigration, citizenship and
child support and family
law.
Contemporar - Status of Children Act 1996 - Re Patrick (2002) 28 Fam 579, 645
y Issue: (NSW) Homosexual man donated his sperm to a lesbian couple
Surrogacy - Assisted Reproductive who subsequently gave birth to a child. The man who was
and Birth Technologies Act 2007 the donor, though that he would be present at the birth
Tech (NSW) and that he would have twice-weekly contract with the
- Miscellaneous Amendment child. The case was determined by the FLC, which
(Same-sex relationships) declared that a sperm donor is not the parent but however
Act 2008 the man was granted regular contact with the child
- Prohibition of Human anyway.
Cloning for Reproduction
and Regulation of Human - R v Evelyn 15th May 1998
Embryo Research Mr and Mrs Q arranged for their friend Ms S to become a
Amendment Act 2006 (Cth) surrogate mother. Ms S was inseminated with the sperm
- Surrogacy Act 2010 (NSW) of Mr Q. There was no exchange of money and Evelyn
was handed over to Mr and Ms Q as agreed. However,
seven months after the birth of, Ms S travelled to the Q’s
home and removed the baby. 1997 a decision was
handed down, the FLC found that surrogate baby of the Q
couple should returned to its birth mother Court made the
ruling for the best interest of the child.
Contemporar
y Issue: Care
and
Protection of
Children
CONSUMERS
Nature of
Consumer
Law
Consumer
Redress and
remedies
Contemporar
y Issue:
Credit
Contemporar
y Issue:
product
certification
Contemporar
y Issue:
Marketing
Innovations
Contemporar
y Issue:
Technology