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70114 Criminal Law and Procedure Notes

User Description:
These notes are for 70114 (Criminal Law and Procedure) at UTS, and are ideal for exam revision.

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24 Pages Complete Study Notes < 1 Year old
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Topics this document covers:
Criminal law Law Elements of crime Common law Forensic psychology English criminal law Australian criminal law Manslaughter Crimes Act Mens rea Murder Element
This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

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Topics this document covers:
Criminal law Law Elements of crime Common law Forensic psychology English criminal law Australian criminal law Manslaughter Crimes Act Mens rea Murder Element
Sample Text:
awfully: • Question what police power has been used • How does LEPRA deal with it • A conviction can only proceed if police have acted lawfully Examples of discretion: • One someone is charged, police have the discretion to drop charges • The DPP can review evidence and decide whether to proceed or not • Mitigating factors may influence discretion • Prosecutors can make a "no bill" (of indictment) application to the director, who can then use discretion re: decision to prosecute Prosecutorial discretion: Important element of justice Decision to prosecute: • Overriding concern: whether proceeding is in the public interest • What is the prospect of success • Does the evidence support each element of the offence • Whether there is a reasonable chance of conviction by a jury: • Seen as unethical to put victims and accused through trial if ...
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