LCMID for Legal Exam

Provocation

Section 23 of the Crimes Act 1900 previously allowed DOF to be used if the act causing death was the result of what a rational person would deem self-control.

• Lecturer and Researcher in criminology, Dr Kate Fitz-Gibbon stated " a conviction for manslaughter by reason of provocation in these cases sends a highly concerning message to the community that the actions of these jealous and controlling men have been partially understood and legitimised by our criminal justice system"
• R v Singh (2012) claimed his wife provoked him by saying she never loved him, conviction of manslaughter.
• in response the Crimes Amendment (Provocation) Act 2014 (NSW) which requires the conduct of the deceased to be a serious indictable offence for the defence to apply.
• Christian Democrats leader Fred Nile stated "the bill goes too far in restricting the partial defence potentially making it difficult for women who kill their partners after long term abuse to rely on provocation"

Mental Illness

Section 39 of the Mental Health (Forensic Provisions) Act 1990 (NSW) was determined by the M'Naghten Case (1843)

• replaced by the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
• Criminal Lawyer Mark Warren stated "prior to the new legislation, the term 'not guilty' caused much concern among victims because it implied that the defendant had not committed the act"

Self-Defence

R v Zecevic (1987) - Crimes Act 1900 (NSW) > Section 418 of the Crimes Amendment (Self Defence) Act 2001 (NSW)
R v Batterham (2019) - rapist in daughters bedroom: believed he had the rights to defend himself
R v Davis (2021) - samurai sword: found his use of the defence excessive and convicted of manslaughter

• Andrew Dyer, Senior lecturer at USYD Law School "you take into account…the fact that the accused didn't have all that long to work out what to do"
  on the other hand…
  R v Silva (2015) Adam Houda - Defendants lawyer stated "they cleared her of murder but got the manslaughter verdict wrong"
  Silva v R (2016)

Youth Koori Court

2022 BOSCAR study found:

• YKC participants were 40% less likely to receive a custodial sentence
• executive director as BOSCAR "the findings suggest that culturally sensitive, case management approaches can help reduce the significant over-representation of aboriginal people in youth detention"
  although…
• more than half of young offenders process through the YKC have been reported using ice and other drugs

Youth Justice Conference

• 85% satisfaction rate
• risk of receiving a custodial order fell by 17% for young indigenous offenders and 16% for non-indigenous offenders
• cost effective (18% less than children's court)