CRIME ESSAY

Police Powers

31 to 33 of LEPRA (exercise based if discretion)

Meredith v State of New South Wales (No 5) [2025]

(class action behalf over 3000, from 2016)

Rights

Insight QLD found in 2023 that over 2,272 people in Australia died from a drug overdose

Society needs
Red Fern Legal Center: 2014-23 (86.5%) strip searches finding nothing.

Resource efficiency

Rights

Girls aged 12 and 13 strip-searched by NSW Police

(SMH 2023)

Rights

Resource Efficient

Responsiveness

Meet society

Use of technology

Crimes (Forensic Procedures) Act 2000 (NSW)

police can obtain forensic samples

REGINA v Bilal SKAF; REGINA v Mohammed SKAF [2006] NSWSC 394

semen was collected through DNA

Justice Achieved

Meet society

R v Jama (2008) false match

Rights

Justice

'Junk science' is being used in Australian courtrooms, and wrongful convictions are at stake

UNSW Sydney

2024

no forensic method has been shown with a high degree of certainty

Rights

Justice

Meet Society

Bail

ICCPR

14-Innocence

9- detention awaiting trial not standard

Bail Act 2013 (NSW)

Rule of law

“Molly Ticehurst's alleged murder in central west NSW exposes fault in state's justice system, former magistrate says”

ABC 2024

Rights

Justice

Society Needs

Enforceability

Bail Act Amendment 2024 (NSW) electric montoring

2024 BOSCAR

 32 domestic violence murders

Responsiveness

Bail laws were reformed after Molly Ticehurst’s murder. Did they fail Sophie Quinn? SMH 2026 (ex shot while on bail)

Justice

Enforceability

Society

Society Need

Rights

(YOUNG OFFENDERS)

Temporary bail test for offenders 14-18 (serious break and enter offences or motor vehicle)

pleas, charge negotiation

Crimes (Sentencing Procedures) Act 1999 (NSW) incentives for early plea

Resource Efficiency

R v Koch (2009) NSW

 significant evidence stalked across two continents and planned to murder

charge of attempted murder was cut to a guilty plea of malicious injury with intent.

Justice Achieved

Meet society needs

A NSW Law Reform Commission inquiry was set up in 2015

found over 83% of indictable matters ended in a guilty plea. But over 35% of these were entered after committal state hearings

Responsive

Resource efficiency

Enforceability

Justice Legislation Amendment (committals and guilty pleas) Act 2017 (NSW)

early disclosure of evidence by the prosecution,

mandatory negotiations between defence and prosecutions.

mandatory sentence discounts for guilty pleas entered at different juries

Responsive

Resource efficiency

Justice

Society Needs

the role of juries

Constitutional right

Jury Act 1977 (NSW)

fair trial

Rule of law

REGINA v Bilal SKAF; REGINA v Mohammed SKAF [2006] NSWSC 394

Misconduct 2 jurors unauthorised crime scene visit. Retrial

Rule of law

Resource efficiency

Rights

Enforcebility

Victims: Justice Achieved

Sydney Criminal Lawyers article from March 2023 

undetected misconduct = unfair trial

Responsiveness

Rights

Justice

Enforcebility

Rule of law

age of criminal responsibility

Children (Criminal Proceedings) Act 1987 (NSW),

10 years

recommended age of 12 set out by the 2007 UN Committee on the Rights of the Child. 

Rights

Accessibility (ACT = 14)

AIHW - 2025 report

7% of Australia’s prison population consisted of children aged 10-17

Resource efficiency

Rights

Justice

Australian Medical Association

‘Incarceration at an early age leads to recidivism and poor health outcomes later in life, including premature death’. 

Protect individual rights

Just outcomes

Responsiveness 

R v LMW [1999] (10 y dropped killed 6 y water knowing couldn’t swim)

Just outcomes for victim

Right
2022 report by Justice and Equality Center Aus ‘No child belongs in prison’: 128,000 signatures to raise the age in NSW and Victoria
Responsiveness

Meet society Needs

Children’s Court

Children’s Court Act 1987 (NSW)

protection of the identity of young offenders, cases are conducted under closed court conditions, media is blocked, pseudonyms

largely focusing to rehabilitate.

Article 37 of the Conventions on the Rights of the Child (CROC)

Rights

Rule of Law

Children (Criminal Proceedings) Act 1987 (NSW)

right to be heard and participate in proceedings that affect them.

responsible but require guidance and assistance.

Where possible:

no interruption to the education of a child.

a child should be able to reside in their home.

Protection Rights

Accessibility 

Meet Society Needs

Justice achieved

R v GDP (1991)

Rehabilitation primary focus. 

Sentence replaced 12 month probation order

Rights

Enforceability

“the Children’s court recognises that kids take risks” as said by Magistrate Ellen Skinner  President of the Children’s Court of NSW 

Justice Achieved

Protection Rights

Accessibility 

Application Rule of Law

penalties for children

Young Offenders Act 1997 (NSW), YJC is a diversionary program that aims to address the offender's behaviour in a holistic manner whilst aiming to divert the juvenile from the court system. Restoritive justice

 article 40 of CROC ‘promoting the child’s reintegration and the child’s assuming a constructive role in society’.

Rights

Accessibility

Responsiveness

Meet societies needs

2024-25 91.2% of outcome plans completed (NSW GOV)

Resource Efficiency

Rights

In 2023-2024 45.2% of participants reoffended within 12 months

Enforceability

Meeting societies needs

Justice Achieved