Crime LCMID

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (’LEPRA’)

Strict piece of legislation designed to regulate the powers and responsibilities of NSW police

Code of Conduct and Ethics

A code that must be followed by police to ensure integrity and accountability

NSW Law Enforcement Conduct Commission

Independent statutory body regulating NSW Police

Terrorism (Police Powers) Act 2002 (NSW)

Grants NSW Police preventative detention powers as a means of preventing a terrorist attack

Preventative detention powers

Police can apply to detain anyone aged 16+ for up to 14 days without charge

Public Health Act 2010

Granted police extensive powers during COVID-19

NSW Council for Civil Liberties and Law Society

Raised concerns over search powers and digital device access, arguing that they exceed necessary police authority.

Curtis Cheng Case (2015)

Mr Cheng was shot dead outside Parramatta Police headquarters by a 15-year-old, sparking law reform allowing police to detain anyone aged over 14 to prevent terrorist acts

Mr Bubbles (1989)

“Mr Bubbles” was charged with child abduction and sexual assault of children aged 3-5. Evidence was primarily gathered through interviews with children who attended the kindergarten. Police often questioned children multiple times without proper protocols or support persons present. Because of this, the case was dismissed and evidence labelled inadmissable. Triggered major reforms in child interview protocols and evidence collection practices.

Evidence (Children) Act 1997

Legislation reformed after the Mr Bubbles case (1989), introducing the establishment of the Joint Investigation Response Team (JIRT), mandatory video recording of child interviews, and the requirement for specially trained child interview specialists.

Crimes (Forensic Procedures) Act 2000 (NSW)

Allows police to take DNA (the genetic fingerprint of an individual) from the body cells, of people who have been convicted or where their DNA is needed to investigate serious indictable offences for which they have been arrested and store that DNA for at least 12 months. In cases involving minors, like the Mr Bubbles case, special procedures and authorisations are required.

R v Jama (2009)

Somali man convicted of rape at a nightclub based solely on DNA evidence from the prosecution, despite alibis and CCTV footage. Investigation revealed that the DNA had been contaminated at the hospital, and he was released after 15 months in high-security prison. Incited law reform in DNA evidence.

R v Boney (2000)

Sexual assault of a 91 year old woman leading to the first mass DNA screening in Australian history that found the culprit through a family match.

Early Appropriate Guilty Plea Scheme

Law reform introduced in 2013 introducing charge certification and case conferencing where the earlier you plead guilty, the lower the penalty will be.

Crimes Act 1900 (NSW)

sets out the majority of criminal offences in NSW

Criminal Code Act 1995 (Cth)

sets out the majority of federal criminal offences in Australia

Jury Act 1977 (NSW)

outlines rules and procedures for juries

Evidence Act 1995 (NSW)

outlines rules of evidence and ensures reliability of evidence

Bail Act 2013 (NSW) (and later amendments - 2014 & 2015)

Determines whether or not a person in custody should be released on bail or kept on remand

Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)

Outlines the powers and responsibilities of police in the criminal inverstigation process

Crimes (Forensic Procedures) Act 2000 (NSW)

Establishes how forensic samples can be stored, destroyed, taken or stored in the criminal investigation process.

Crimes (Sentencing and Procedure) Act 1999

Governs ways judges and magistrates determine sentences.

UN Convention on the Rights of the Child (CROC)

Human rights treaty to which Australia is a party, outlines all rights of children

Children (Criminal Proceedings) Act 1987 (NSW)

Establishes principal of Doli Incapax (children cannot form mens rea) and deals with criminal proceedings against young offenders.

Young Offenders Act 1997 (NSW)

Further outlines rules and procedures for young offenders (eg. parent or guardian must be notified when a young offender is interviewed)

Crimes Act 1914 (Cth)

Outlines domestic measures for foreign offences and collaboration

R v Skaf case

Rape case which involved jury misconduct - members of the jury took it upon themselves to go to one of the scenes of the crime

R v Jubelin case

Former detective (Jubelin) misused police powers when investigating suspect (illegal phone taps)

R v Wood case

Wood spent was convicted of murder but later acquitted, after spending three years in jail. Failure of police to photograph body may have affected outcome of first trial.

R v Rolfe case

Police officer (Rolfe) charged with the murder of an aboriginal man

Media Article - Have we given police too much power to enforce coronavirus rules? - ABC news

Police powers in relation to coronavirus - Article which discusses the restrictions placed on NSW in lockdown and whether police had too many powers to enforce (eg. an L plater on a practice drive was fined)

Search and seizure data - SMH

Police powers and abuse of police powers - Police found nothing in 88% of the 211,000 searches conducted under a quote-based system in 2018

R v White case

White murdered a gay man in the 80s and was never apprehended, but social reform resulted in his conviction over 30 years later

R v Gittany case

Gittany was found guilty of murder in a judge alone trial.

R v Xie case

Xie murdered 5 family members. During investigation, electronic surveillance was set up in his house, DNA evidence was found.

R v Mullen case

Mullen, a footballer, sentenced over cocaine supply conviction. Mitigating and aggravating factors affected his sentence (eg. rehabilitation efforts are mitigating)

Circle sentencing data

Offenders undergoing circle sentencing are 9.3% less likely to receive a prison sentence

Punishment and deterrance data

60% of people sentenced to prison have previously been in prison

Media article - Australia urged by 31 countries at UN meeting to raise age of criminal responsibility - ABC

The age of criminal responsibility in Australia has been critisiced for being too low, failing to protect young offenders who cannot form mens rea.

Media article - International law says that Putin's war against Ukraine is illegal. Does that matter? - The Conversation

Ability of the UN to enforce rules outlined in the UN Charter and International law

- International law - effectiveness of the UN in acheiving justice

2018 Global Slavery Index data

on any given day in Australia there are approximately 15,000 people living in conditions of modern slavery

- International crime - Modern Slavery

R v Wei Tang case

classic example of a landmark high court case in which Australia saw the 1st criminal conviction for slavery - Tang convicted of several counts of slavery under the Commonwealth Criminal Code

- International crime - conviction in Australia

Universal Declaration of Human Rights (UDHR)

International document which sets out the fundamental human rights

Internation Covenant on Civil and Political Rights (ICCPR)

UN treaty to which many member states are signatory that sets out the civil and political rights of all human beings

International Covenant on Economic, Social and Cultural Rights (ICESCR)

UN treaty which ensures the enjoyment of economic, social and cultural rights

Emancipation Act 1833

passed by British government abolishing slavery throughout the British colonies

- Human rights - development

Modern Slavery Act 2018 (NSW)

Ensures that large companies are overseeing employees and looking out for instances of modern slavery within their supply chain.

Media Article - J.R Davis charged with keeping slave - ABC

J.R Davis was arrested by AFP and faced court on three charges of allegations of slavery.

Family Law Act 1975 (Cth)

Defines rights of children and responsibilities of parents including care and protection of children

Crimes (Sexual Assault) Amendment Act 1981 (NSW)

Overturned the concept of Unita Caro (one flesh) criminalised rape or sexual assault within a marriage

Kennon v kennon case

Wife was granted damages due to psychological abuse severely impacting capacity to earn a living

Housing NSW

has implemented numerous housing policies centred on public housing, housing affordability and social housing, including providing assistance to first home buyers and providing rental assistance.

Australian Bureau of Statistics census - housing data

between 2011 and 2016, the number of people living in flats and townhouses has increased by 42%

Conveyancing Act 1919 (NSW)

amends and consolidates the law of property and simplifies and improves the practice of conveyancing

ABC data on rental and mortgage stress

The number of households in rental and mortgage stress between 2016 and 2021 has risen by 114.7%

Residential Tenancies Act 2010 (NSW)

Sets out the rights and responsibilities of landlords and tenants, aiming to protect both parties.

ABC Media article - calls for better government assistance amid booming rental market

government rental assistance is not appropriately targeted

Retirement Villages Act 1999 (NSW)

designed to increase transparency for residents with regard to costs and to ensure residents understand their rights and financial obligations upon entering into a village contract.

Civil and Administrative Tribunal Act 2013 (NSW)

established the NSW Civil and Administrative Tribunal (NCAT) which deals with disputes regarding residential tenancy agreements

Homelessness Australia

the main NGO that offers advocacy for people experiencing homelessness and provides services to them.