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Page 1: CRIME CASE STUDIES - Resource Factory Studies SAMPLE.pdf · CRIME CASE STUDIES A collection of real-life case studies linked ... For more details about the cases, please follow the

CRIME CASE STUDIES

A collection of real-life case studies linked to the Legal Studies HSC Syllabus.

Page 2: CRIME CASE STUDIES - Resource Factory Studies SAMPLE.pdf · CRIME CASE STUDIES A collection of real-life case studies linked ... For more details about the cases, please follow the

3 © Copyright C.K. Williams & G.H. Williams 2015

CRIME CASE STUDIES - HSC Legal Studies

Introduction

Part 1: The nature of crime

1.1 The meaning of crime 6

1.2 The elements of crime: actus reus, mens rea 8

1.3 Strict liability offences 10

1.4 Causation 12

1.5 Categories of crime 14

1.6 Summary and indictable offences 16

1.7 Parties to a crime 18

1.8 Factors affecting criminal behaviour 20

1.9 Crime prevention: situational and social 22

Part 2: The criminal investigation process

2.1 Police powers 24

2.2 Reporting crime 26

2.3 Investigating crime 28

2.4 Arrest and charge, summons, warrants 30

2.5 Bail or remand 32

2.6 Detention and interrogation, rights of suspects 34

Part 3: Criminal trial process

3.1 Court jurisdiction 36

3.2 The adversary system 38

3.3 Legal personnel 40

3.4 Pleas, charge negotiation 42

3.5 Legal representation, including legal aid 44

3.6 Burden and standard of proof 46

3.7 Use of evidence, including witnesses 48

3.8 Defences to criminal charges 50

3.9 The role of juries, including verdicts 52

Part 4: Sentencing and punishment

4.1 Statutory and judicial guidelines 54

4.2 The purposes of punishment 56

4.3 Factors affecting a sentencing decision 58

4.4 The role of the victim in sentencing 60

4.5 Appeals 62

4.6 Types of penalties 64

4.7 Alternative methods of sentencing 66

4.8 Post-sentencing considerations 68

Part 5: Young offenders

5.1 Age of criminal responsibility 70

5.2 The rights of children whenquestioned or arrested 72

5.3 Children’s court: procedures and operation 74

5.4 Penalties for children 76

5.5 Alternatives to court 78

Part 6: International crime

6.1 Categories of international crime 80

6.2 Dealing with International Crime 82

Student Glossary 84

Themes and challenges 87

References 88

List of URLs 89

CONTENTS

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valid until 1/11/2016

ST

UDENT VERSION

CRIME CASE STUDIES - HSC Legal Studies

4© Copyright C.K. Williams & G.H. Williams 2015

IntroductionThis book is designed to follow the Legal Studies Stage 6 Syllabus for the core topic Crime. It contains contemporary real-life cases which will enhance understanding of key legal principles through demonstration of their practical application.

This is not a replacement for your main textbook. The aim of this book is to provide a resource that will supplement your classwork so that you can experience the legal system in action. All comments in this publication are based on the established facts presented and do not represent the views of the authors.

Where possible, the cases selected are from New South Wales, however additional sources have been used where the information provided is more relevant to the syllabus point.

Case Structure

Each case study is structured as follows:

1. Syllabus point

2. Case citation: These follow the standard convention of: party names; year; court abbreviation; judgement number. The court abbreviations used in this book ar as follows:

• NSWDC - New South Wales District Court• NSWSC - New South Wales Supreme Court• SASC - South Australian Supreme Court• NSWCCA - New South Wales Court of Criminal Appeal• AATA - Administrative Appeals Tribunal of Australia• NSWChC - New South Wales Children’s Court• HCA - High Court of Australia

3. Case Summary: This is a summation of the key facts relevant to the case with particular focus on the syllabus point. For more details about the cases, please follow the hyperlink to the court report.

4. Discussion points: These are designed to facilitate a discussion in class or within your own peer study group. While a number of these questions will require your own opinion, the legal standpoint will be revealed in the conclusion.

5. Conclusion: This part will give you the court’s decision and if relevant any sentencing decisions.

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5 © Copyright C.K. Williams & G.H. Williams 2015

CRIME CASE STUDIES - HSC Legal Studies

6. Comprehension and revision questions: These are provided to test your understanding of the key legal terms or issues the case raises. Please be aware of the standard required for the Board of Studies directive terms. These are available on the Board of Studies NSW website (http://www.boardofstudies.nsw.edu.au/).

7. Sample case integration: This is an example of how you can integrate the case study to demonstrate the syllabus point. Remember, in the HSC exam, you will need to know all parts of the syllabus to answer 15 multiple choice questions and one 15 mark extended response. Use these samples as a model for how you can structure your response using the key facts of the case without going into a recount or description of the events.

8. Extension activity: Where appropriate, some cases will have an extension activity which will provide you with an opportunity to extend and deepen knowledge of a key legal principle. It is worth taking the time to attempt these so that you can develop your research skills to enhance your synthesis, analysis and evaluation of the legal system.

9. Suggested answers: These have been written as a guide for the comprehension and revision questions. Make sure that you attempt each of the questions and ensure that you speak with your teacher to clarify any misunderstanding that you may have.

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valid until 1/11/2016

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UDENT VERSION

CRIME CASE STUDIES - HSC Legal Studies

8© Copyright C.K. Williams & G.H. Williams 2015

1.2 The elements of crime: actus reus, mens reaR v Dean [2013] NSWSC 1027

Case summary

In November 2011, Roger Dean was a registered nurse at the Quakers Hill Nursing Home. Dean had an addiction to prescription drugs and when he could no longer afford to fund his habit he used his position in the nursing home to steal drugs. When an audit reported a quantity of drugs were missing, Dean became anxious and attempted to divert attention from the investigation by lighting a fire at the nursing home.

The fire led to the deaths of eleven elderly residents.

Discussion points

• Is there evidence to suggest that Dean had formed the intention to kill the eleven residents?• Did Dean’s actions directly cause the death of the elderly residents?

Conclusion

Dean pleaded guilty to eleven counts of murder. In sentencing Dean to life imprisonment, the judge determined that there were a number of factors that proved Dean’s criminality. He commented on Dean’s ‘reckless indifference’ towards the residents of the nursing home. Due to the vulnerability of the residents and the difficulty that some would have faced in evacuating the building, it is likely that Dean would have understood that his actions had potentially life-threatening consequences. The judge also noted the gross abuse of the trust afforded to him by his position in the nursing home.

Comprehension and revision questions

1. Identify the facts of the case that demonstrate mens rea and actus reus.

2. Outline the extent to which the facts suggest that Dean premeditated the murder of the eleven residents.

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9 © Copyright C.K. Williams & G.H. Williams 2015

CRIME CASE STUDIES - HSC Legal Studies

3. Describe why Dean was charged with murder and not manslaughter.

4. Do you agree with the sentence Dean received? Give reasons for your answer.

Sample case integration

Mens rea demonstrates the intention to commit a crime. In the case of R v Dean (2013), Dean planned to burn a section of the nursing home to distract from a crime he earlier committed. This high level of premeditation and ‘reckless indifference’ towards others was reflected in the severe penalty he received.

Actus reus refers to the guilty act. In R v Dean (2013) the offender stole prescription drugs and later lit a fire which resulted in the death of eleven people.

Extension activity

Discuss the extent to which consideration of mens rea leads to fair and just sentences.

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CRIME CASE STUDIES - HSC Legal Studies

68© Copyright C.K. Williams & G.H. Williams 2015

4.8 Post-sentencing considerationsAnochie and Minister for Immigration and Citizenship [2012] AATA 234

Case summary

John Chukwudie Anochie was a Nigerian residing in Australia under the conditions of a permanent spouse visa, which was granted to him in 2003. In October 2006, following a lengthy investigation involving Interpol and the Australian Federal Police, Anochie was arrested and charged with importing a marketable quantity of a border controlled drug, namely cocaine.

At the NSW District Court, Anochie pleaded guilty to the offence and was sentenced to eight-and-a-half years imprisonment, with a non-parole period of five years and four months. In January 2012, shortly before Anochie was due to be released, he was notified of the intention to cancel his residency visa on the grounds of his conviction. Anochie appealed against the decision and his case was taken to the Administrative Appeals Tribunal of Australia.

Anochie’s appeal was based on the fact that the cancellation of his visa would mean his deportation back to Nigeria. Nigerian law states that “any Nigerian citizen found guilty in any foreign country of an offence involving narcotic drugs and psychotropic substances and who thereby brings the name (of ) Nigeria into disrepute shall be guilty of an offence … any person convicted of (such) an offence … shall be liable to imprisonment for a term of five years without an option of (a) fine and his assets and properties shall be liable to forfeiture as provided by this decree.” Anochie claimed that his deportation would put him at risk of mistreatment in the Nigerian criminal justice system, and that, under international law, Australia was obliged not to deport him in such circumstances.

Discussion points

• Should Anochie be deported?

Conclusion

The Administrative Appeals Tribunal of Australia found in favour of Anochie and ruled that his permanent spouse visa should not be cancelled. The decision was based upon his good record while in prison, his perceived remorse, and the acceptance that, should he return to Nigeria, he would be at risk of torture or degrading punishment.

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69 © Copyright C.K. Williams & G.H. Williams 2015

CRIME CASE STUDIES - HSC Legal Studies

Comprehension and revision questions

1. Outline the key facts of the case against Anochie.

2. List three post-sentencing decisions.

3. Identify the post-sentencing decision in the case against Anochie.

4. Do you agree with the judgement made by the Administrative Appeals Tribunal to maintain Anochie’s visa? Give reasons for your answer.

Sample case integration

Post-sentencing considerations are an essential feature in ensuring justice for the offender, the victim and the community. Deportation is when a person is sent from a country back to their country of origin or citizenship. In the case of R v Anochie (2012), the offender was in Australia on a spousal visa and was considered for deportation back to his home country, Nigeria. However, as he would face further legal consequences in Nigeria for his involvement in drug trafficking, the Administrative Appeals Tribunal upheld Anochie’s visa as part of Australia’s international obligations to protect people from persecution.