crime

• police powers

  Law Enforecement (Powers and Responsibilities) Act 2002

  Curti case 2012: tazered 14 times, 3 OC bottles, died

  "may have thought it appropriate... obviously not"

  ombudsman tazer report 2012: less lethal option, 44 recommendations

  SMH 2022: "tasers are not soft options... they can be lethal"
• Bail

  Bail Act 1987: inconsistent, unpredictable, strict. Repealed

  Bail Act 2013: unnacceptable risk test for consistent procedures

  R v Hawi 2014: gang member got bail, outrage

  SMH 2014: "laws are skewed in favour of the accused"

  Bail Amendment Act 2014: show cause, onus of proof on defendant

  Cowdrey: "tramples presumtion of innocence"
• Preventative detention

  Terrorism (police powers) Amendment Act 2016 (nsw) - arrest without warrant no under 14

  Criminal Code Act 1995 (Cth)- no under 16

  Constitution s109: cth law prevails

  ICCPR: right to not be subject to arbitrary detention

  2017 case: 2 16yr olds charged with conspiracy

  ABC 2017: "11th attack prevented under the new law"

  Doussa: "striking the right balance between national security and human rights is crucial"
• Charge negotiation

  Koch case 2009 - murder reduced to malicious injury with intent

  Conversation 2012: "we need plea bargaining, just done better"

  Dip v DPP 2002: plead not guilty but accepted charge negotiation, judge denied

  Legal Aid Commission "most economic use of public resources"
• Defense of provocation

  Crimes Act 1900: murder reduce to masnslaughter if victim aggravation

  R v Camplin 1978: established provocation for 14yr killed abuser uncle

  R v Singh 2012: 6yrs for brutally killing wife who wanted divorce

  SMH 2009: "losing provocation defence could harm abused women

  Crimes Amendment (provocation) act 2014: extreme provocation
• Youth justice conferences

  Young offenders Act 1977: encourages YJCs and rehabilitation

  SMH 2017: "sometimes going soft on crime gets better results"

  ABS 2016: no difference in recidivism rates

  ABC 2012: "makes victims more satisfied while using less resources
• Mandatory minimum sentences

  Crimes amendment (murder of police officers) act 2011

  Police deputy 2011: "sends a very strong message"

  R v Jacobs 2013: life for murdering police officer on the job

  R v Loveridge 2014: punched and killed man

  Crimes and other Legislation Amendment (assault and intoxication) Act 2014

  SMH 2014 "a legal and judicial muddle"
• Doli incapax

  RP v R 2016: established doli incapax on intellect, not just age

  UN Committee on the Rights of the Child: 14 recommended

  SMH 2022: "should be raised to 14 without exception

  ABS 2021: only 1 child under 13 serving sentencing

  ABC 2022: "earlier a child enters the justice system... more likely they are to reoffend"

  R v LMV: 10yr old drowning boy, found not guilty
• Extradition

  Extradition Act 1988: 130 country agreements

  USA v Griffiths 2021: extradited to face copyright charges

  Captain Dragan Case: hiding in Aus, war crimes, extradited to Croatia

  ABC 2017: "the cost of failing to bring Dragan to justice has been largest for the victims"
• ICC


  ICC Act 2002

  Rome Statute 2002

  R v Ongwen 2021: 50k victims, 6yr trial, got 25 years

  ICC press release 2021: "joint sentence aknowledges victim suffering"

  ICC Coalition: "yearly budget is a fraction of the costs that make justice necessary"