QUESTION 6: Grievous Bodily Harm What is the current law (in force) defining "grievous bodily harm" in New South Wales? Cite the current provision and set out the key elements of the offence in your own words (do not simply copy/paste the statutory provision). In a table, from the time the relevant provision was first introduced, chart the timeline of legislative changes (include both successful and unsuccessful attempts) to change the definition of “grievous bodily harm” under the Crimes Act 1900. Be sure to cite each Bill or Act and indicate clearly what changed (or what was sought to be changed) at each point. Locate, cite and summarise the most current legislative effort to change the definition of "grievous bodily harm" in the Crimes Act 1900, including precisely identifying its status in the parliamentary process. Explain the issues, cite relevant Bills, explanatory reports and parliamentary debates in your answer. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 7: Recklessness Drawing upon the following cases, explain the difference between 'recklessness' and 'reckless indifference' as a standard for determining criminal responsibility (i.e., satisfying the fault element of an offence): R v Crabbe (1985) 156 CLR 464 Banditt v The Queen (2005) 224 CLR 262 Explain how the principles enunciated by Crabbe and Banditt are (or are not) echoed in relevant provisions under the Crimes Act 1900. Explain, citing relevant NSW legislation or regulations, restrictions on the use of mobile phones while driving. that deal with negligent/careless/reckless driving, including (i) generally; and (ii) specifically in relation to using a mobile phone or electronic device while driving. [2 mark will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 8: Sentencing 1. Bilal Skaf was initially sentenced to 55 years imprisonment for his role in sexual assaults committed in Sydney in the period leading up to the 2000 Olympics. His sentence was subsequently reduced on appeal. Locate that case and cite it. State the ratio and set out the reasoning of the Court in that decision. Also locate, cite and briefly discuss at two media reports on the sentencing of Bilal Skaf, before and after that case. (Contrast legal and 'expert' opinions if you can locate them.) 2. Contrast the outcome of the appeal of the sentence of Bilal Skaf with the outcome of an appeal in relation to "A former Hunter Valley church worker has had his sentence doubled for sexually abusing 20 boys.", which was reported by: ABC News on 18 September 2012. Locate the case and cite it. State the ratio and set out the reasoning of the Court in that decision. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 9: Mandatory Sentencing In each of the Crimes Act 1900 and Crimes (Sentencing and Procedure) Act 1999, you will find an example of a mandatory life sentence in the event of a conviction of a particular offence. 1. Cite and Contrast these two provisions in terms of: a. severity of offence, b. guidance and/or discretion afforded to judges; c. the purposes of sentencing embodied (explicitly or implicitly) in those sections. 2. Locate and Discuss one case that judicially considered either of those statutory provisions in relation to either purposes of sentencing generally or specified within the provision. 3. Locate and Discuss one parliamentary source that sheds some light on the purpose of sentencing embodied in either of those provisions. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 10: Sexual Assault Locate and discuss the following legislative reforms in the area of Sexual Assault: 1. Evidence in Sexual Assault: Referring to the 2010 Report by the Australian Law Reform Commission on Family Violence (#114) contains a chapter on "Evidence in Sexual Assault Proceedings" Discuss one example where it was advocated that the interests of Complainants as witnesses need to be being protected from the perspective of adducing evidence in a criminal trial. Cite the relevant provision(s) in NSW legislation. Discuss whether the existing statutory provision(s) address the concerns raised by the ALRC (i.e., has it been reformed? Should it?) 2. Discuss Pros and Cons of the change in language from 'rape' to 'sexual assault'. Refer to and cite relevant legislative ammendments and parliamentary debates. 3. Locate, cite and briefly summarise (what was changed, why and how) two further reforms of definitions relevant to sections under the Crimes Act 1900 (NSW) in releation to Sexual Assault. 4. Locate and cite the most recent High Court of Australia decision to deliberate the issue of the 'marital defence' to 'rape'. Explain, in your own words, the rationale behind this common law defence. Locate and cite the relevant statutory provision, as well as the legislative instrument that abolished the defence. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 11: Sentencing Reforms 1. Identify two issues relating to Sentencing that have been the subject of recent law reform inquiries conducted by the NSW Law Reform Commission. 2. For each of those issues, state succinctly, in your own words, the crux of that issue and relevant statutory or common law principle. 3. Locate one submission made to to the Commission in relation to any of its inquiries on Sentencing and summarise, in your own words: the central problem (issue) advocated by the submission; a key recommendation for reform, including whether the reform requires amendment of an existing statute or introduction of a new provision (explain how the law would have been changed); and whether, in your view, the proposal put forward would respond to the issue raised by the submission. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 12: Intoxication Let's take a closer look at how Intoxication relates to Criminal Responsibility in NSW. (1) Find (and cite) and explain how one statutory provision in NSW expands or limits criminal liability in situations where individuals commit offences while intoxicated. (2) FInd the Criminal Trial Courts Bench Book, produced by the Judicial Commission of New South Wales, and explain, in your own words, how (if at all): (i) intoxication can be taken into consideration by Courts when considering both physical and fault elements of offences; and (ii) how consideration of intoxication, as an issue, needs to be communicated to juries. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 13: ‘Homosexual Advance Defence’ (1) What is the ‘Homosexual Advance Defence’? In your answer you must refer to the seminal NSW case and whether the defence is found in statute or common law. (2) In 2008, the QLD Law Reform Commission made recommendations regarding the law on provocation- summarise the key recommendations from that report (be sure to note any relevant recommendations regarding the Homosexual Advance Defence). (3) In your opinion (provide reasons) has the political process facilitated or hindered the development of fair and equitable laws for LGBTI persons. In your answer refer to both the Homosexual Advance Defence as well as the criminalisation/ de-criminalisation of homosexuality. [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 14: Graffiti (1) Is graffiti ‘crime’ or ‘urban art’? In your answer you must refer to at least ONE relevant piece of legislation, at least ONE journal article and at least ONE media article. (2) How would the criminality of an act of graffiti be affected if it were committed during a riot? Would it be considered more or less seriously than an act of graffiti committed otherwise? In your answer be sure to reference to the relevant section in the Crimes Act 1900 (NSW). [2 marks will be awarded if all of the above is done correctly. No part marks will be awarded.] QUESTION 15: Abortion (1) What is the current law on abortion? Be sure to note whether the practice is lawful or unlawful. (2) What was the law on abortion 50 years ago? (Remember that you can look up 'historical versions' of a relevant Act) (3) Compare and contrast the policy reasons for and against the complete decriminalisation of abortion. In your answer you must refer to: At least TWO parliamentary sources (HANSARD e.g. debates, second reading speeches, etc) At least TWO publications made by relevant stakeholders (these could be NGOs, Lobby Groups, Political Parties, etc). At least TWO sources of scholarship (these can derive from legal or non-legal sources).