Task 1

QUESTION 1: Legislation and Statutory Interpretation Using the official NSW Legislation web site, locate four (4) statutes, which are in force, governing an aspect of criminal law and/or procedure in New South Wales [excluding the Interpretation Act 1987 (NSW) ]. For each statute (using subheadings): A. Correctly cite the statute [in accordance with AGLC3] each Act. B. Briefly state, in your own words [do not simply copy/paste the text of the statute], the purpose of the Act. C. Explain how you derived the purpose of the Act by referring to one intrinsic and one extrinsic source. You must cite your sources correctly, in accordance with AGLC3, and explain how each of source contributes to your statement of the purpose of the Act. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 2: Law Reform Using the official NSW Parliament web site, locate four (4) current session bills amending (or seeking to amend) a statute in New South Wales governing an aspect of criminal law and/or procedure in New South Wales For each bill (using subheadings): Correctly cite the Bill and corresponding Act. State the status of the Bill. Briefly explain the issue that the Bill addresses, including by referring to and correctly citing at least one relevant explanatory note or parliamentary debate. Briefly explain the law (legal standard, principle or procedure) that would be changed by the bill, and correctly cite the relevant statutory provision. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 3: Case Law Review the list of 'Recent Decisions' reported on the NSW Criminal Court Of Appeal home page: http://www.caselaw.nsw.gov.au/cappeal/index.html Provide a short Case Brief (max. one page), as taught in LAW 115, of one case of your choice that involves an Appeal Against Sentencing from that list. This will require you to correctly cite any key legislation referred to in the decision and explaining relevant principles. In addition, ON A SINGLE PAGE, provide a table listing fifteen (15) from the list of 'Recent Decisions' as set out below. Finally, in one short paragraph, based on the 15 cases you listed, describe in your own words any trend(s) you have observed # Case Name (AGLC3 format) Category (Appeal against Conviction or Appeal against Sentencing) Principal Issue(s) decided by the court 1 ... 15 [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 4: Current Events in Criminal Justice Discuss FOUR DIFFERENT (i.e., not on the same subject matter) recent controversies in the administration of criminal justice in Australia reported by the media (including newspapers, radio, television) within the past three months. For each example: Correctly cite the relevant media report; Briefly summarise the key elements of the media report; Identify and briefly summarise the relevant law in NSW [verified by you; do not rely on the media report; and if the report deals with another State, you will need to look up the relevant law in NSW if it exists]. [NOTE: If you cannot find any relevant law in NSW, or the report does not relate to an identiable area of criminal law or procedure, then select another example!] Briefly explain how each example presents a challenge to the administration of criminal justice in NSW. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 5: Elements of Offences (Against the Person) In a Table, provide a numbered list, from least to most serious (determine ‘seriousness’ as you see fit), of 10 different Offences Against the Person (either fatal or non-fatal) that are currently in force, drawing upon at least three different statutes. For each offence, provide: (1) a short description of the offence; (2) correctly cite the relevant section and statute; (3) explain in your own words the key elements of the offence (do not simply copy the statutory provision), (4) Explain why each offence is more or less serious than the preceding offence in your list. Your Table should look like this: # Offence (short description) Citation Elements of the Offence Explanation 1 2 3 4 5 6
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