Evidence Act 1995 (NSW)

Ensures only relevant and legally obtained evidence is used in court, increasing the reliability and fairness of trials.

Evidence Act 1995 (NSW)

Ensures only relevant and legally obtained evidence is used in court, increasing the reliability and fairness of trials.

Legal Aid Commission 1979 (NSW)

Guarantees legal assistance to disadvantaged individuals, promoting access to justice.

Crimes Amendment (Provocation) Act 2014 (NSW):

Reformed the provocation defence, ensuring it is only available in extreme cases, particularly in domestic violence situations.

Judiciary Act 1903 (Cth):

Provides the framework for federal criminal law in Australia, establishing federal court jurisdiction over commonwealth offences.

Jury Act 1977 (NSW):

 Ensures impartiality and fairness in trials by governing jury selection and conduct. Law Reform: Jury Amendment (Verdicts) Act 2006 (NSW) to allow majority verdicts of 11:1 or 10:2 in cases where reasonable time for deliberation had passed and the court is satisfied that a unanimous verdict will not be reached. (See R v Burrell Case)

Criminal Procedure Act 1986 (NSW):

Governs criminal trial procedures, ensuring fairness and consistency in criminal justice processes.

Crimes Act 1900 (NSW):

Outlines criminal offences and penalties in NSW, central to the development of criminal law.

(Bail Act 1978 —> Bail Act 2013 (NSW):

Establishes bail conditions, focusing on public safety and the risk of re-offending.

Bail is a very controversial issue within our community and really difficult to balance the right of society to be safe.

• There is widespread agreement that this law reform was effective - the new laws reduced complexity and balanced te needs of the community with the rights of the accused. But in 2014 ther were controversial bail decisions, and a powerful media pushed for reform.
  ‘Child Bride’ and ‘Mahmoud Hawi’

• Very controversial cases, because both had committed serious crimes under the old 1978 bail laws would not have been given bail, tension in the community.

• The Judge had to take into account mitigating factors under the new NSW Bail Act.

Crimes (Sentencing Procedure) Act 1999 (NSW):

Governs sentencing, including maximum penalties, standard non-parole periods, guideline judgements, and judicial discretion.

• The judge follows guidelines set out in this act, using their discretion and determining the sentencing of offenders.

• Their ability under the law to take into account various factors such as aggravating and mitigating factors of an offence means that discretion is essential in passing a sentence that is appropriate to the offender.

Criminal Assets Recovery Act 1990 (NSW):

• Allows the court to seize assets obtained through criminal activities.

• Aims to prevent offenders from profiting from crime.

Victims Rights Act 1996 (NSW): 

• Grants rights to crime victims, including compensation, protection, and participation in sentencing through victim impact statements.

Terrorism (Police Powers) Act 2002 (NSW):

• Grants police extended powers to detain terrorism suspects for up to 14 days without charge.

• Allows preventative detention for potential future threats.

Crimes (High Risk Offenders) Act 2006 (NSW)

• Enables continued detention of serious sex offenders and violent criminals post-sentence if they pose a significant risk to the community.

Crimes (Forensic Procedures) Act 2000 (NSW)

• Suspects volunteers and people convicted may be tested decided after - R v Fernando and Fernando (1995); allowed to take samples such as blood or mouth swabs

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

• Procedures for police to follow when conducting personal search or strip search - respect dignity.

R v Waterlow (2011)

• Case Summary: The case of R v Waterlow involved the defence of mental illness in criminal law. The defendant, Waterlow, was charged with murder but pleaded not guilty on the grounds of mental illness. The challenge was determining whether Waterlow was sufficiently mentally incapacitated to understand the consequences of his actions.

• Key Legal Issue: The central issue was proving mental illness as a defence in criminal cases. Waterlow's case underlined the difficulty in proving mental incapacity and emphasized the burden of proof on the defence.

• Importance: It reinforced the principle that mental illness could serve as a defence if sufficient evidence is presented, though the burden of proof remains on the defendant. The case drew attention to how the justice system assesses mental state at the time of the crime. (Crimes Act 1900)

Jessica Silva Case

• Case Summary: This case involved a woman, Jessica Silva, who was assaulted and used Battered Women’s Syndrome (BWS) as part of her self-defense argument. She had been in an abusive relationship, and when she killed her abuser, she claimed it was in self-defense due to the psychological toll of the abuse.

• Key Legal Issue: The use of Battered Women’s Syndrome as a defense in a self-defense context. The court considered whether a woman’s history of domestic violence could provide a legitimate basis for using force.

Importance: It set a precedent for the acceptance of BWS as part of the self-defense argument, illustrating how psychological abuse in abusive relationships can affect the capacity for reasoning and decision-making. (Crimes Act 1900 provides for self-defense, allowing defendants to argue that they acted to protect themselves.) and (The Evidence Act 1995 NSW) allows expert testimony (such as BWS) to assist the jury in understanding the psychological impact of abuse on the defendant.

Kieran Loveridge (2014)

• Case Summary: Kieran Loveridge delivered a fatal one-punch blow to Thomas Kelly, resulting in manslaughter charges. Loveridge initially received a lenient sentence, which was later appealed. The appeal reinforced the need for deterrence of alcohol-related violence and contributed to changes in one-punch laws.

• Relevant Legislation: Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW) introduced mandatory sentences for one-punch killings, focusing on deterrence. This amendment altered sentencing practices for violent offenses involving intoxication.

• Legal Principle: This case highlights the importance of legal reforms and mandatory sentencing in ensuring justice, particularly for serious and violent crimes like one-punch assaults. The principle of general deterrence played a key role in sentencing decisions.

R v Farmer (Lauren Huxley Case)

• Case Summary: Robert Farmer was accused of brutally assaulting Lauren Huxley and setting her on fire. The public was vocal in calling for a severe penalty for Farmer. However, the court emphasized the importance of the principle of neutrality in legal proceedings, with the jury being tasked to decide without being influenced by public sentiment.

• Key Legal Issue: The case highlighted the challenge of ensuring fair trials despite public pressure. The community’s vocal demands were seen as potentially influencing the jury’s decision-making process.

• Importance: It reinforced the idea that the justice system must be impartial and that public opinion cannot sway legal decisions or affect sentencing. (Crimes Act 1900) and Mental Health (Forensic Provisions) Act 1990 (NSW): Addresses the treatment of offenders with mental health issues and criminal responsibility.

‘Child Bride’ Case

• Case Summary: A father who allegedly married off his 12-year-old daughter during an Islamic ceremony was granted bail despite the seriousness of the offence. The magistrate noted that the crime was “abhorrent,” but granted bail under the new NSW Bail Act.

• Key Legal Issue: The case questioned whether the new bail laws in NSW, which remove the presumption against bail for serious crimes, allowed for appropriate consideration of risks associated with granting bail for serious offences like child marriage.

• Importance: The case highlighted the controversial nature of the Bail Act 2013 (NSW), particularly the removal of the presumption against bail for serious offences. It raised questions about whether the new laws were softening the system's approach to such serious crimes.

Mahmoud Hawi (Airport Murder Case)

• Case Summary: Mahmoud Hawi was involved in a fatal brawl at Sydney Airport between two rival gangs. Initially convicted of murder, the appeal court later ruled that he should be retried. Pending his retrial, Hawi applied for bail, arguing that the risk he posed was now acceptable.

• Key Legal Issue: The case focused on whether bail could be granted for someone facing a serious charge (murder) while awaiting retrial. The Bail Act 2013 (NSW) was key in determining whether Hawi posed an acceptable risk to the community.

• Importance: This case contributed to the debate over the application of bail laws in serious cases and reinforced the principle that a person awaiting retrial could still be granted bail if they posed an "acceptable risk."

William Tyrrell Case

• Case Summary: The investigation into the disappearance of toddler William Tyrrell involved illegal surveillance and recordings by former detective Gary Jubelin. These recordings were made without a warrant, raising questions about the legality of evidence obtained in violation of search and surveillance laws.

• Relevant Legislation: Evidence Act 1995 (NSW) – Section 138 stipulates that evidence obtained unlawfully or improperly (such as without a warrant) may be excluded from court if it is deemed unfair to admit it. This case emphasises the importance of lawful evidence collection during investigations.

• Legal Principle: The case underscores the principle that investigations must follow due process to ensure the integrity of the evidence collected. Illegally obtained evidence can jeopardise the fairness of the trial and affect the outcome of the case.

Bilal Skaf (Jury Misconduct)

• Case Summary: Bilal Skaf was convicted as a ringleader in a gang rape case. The original trial was aborted due to jury misconduct, where jurors visited the park where the crime occurred and conducted their research.

• Key Legal Issue: The case dealt with jury misconduct and the fairness of the trial. The issue was whether the jury’s actions had compromised the fairness of the proceedings.

• Importance: This case underscored the importance of maintaining jury integrity and the legal requirement for jurors to base their verdicts solely on the evidence presented in court, as per the (Jury Act 1977 (NSW).

Sydney Siege Gunman (Man Haron Monis)

• Case Summary: Man Haron Monis, responsible for the 2014 Lindt Café siege, was on bail for multiple serious charges, including sexual assault and the murder of his ex-wife. Following the siege, his bail was criticised, and new bail laws were introduced in NSW.

• Key Legal Issue: The case raised concerns about the granting of bail for individuals charged with terrorism or serious offences. The Bail Act 2013 (NSW) was subsequently amended to make it harder for those involved in terrorism to be granted bail.

• Importance: This case led to a significant change in bail legislation, especially with respect to those accused of terrorism-related offences, ensuring that bail could only be granted in exceptional circumstances.

R v Milot and Klein (2012)

Milot and Klein were involved in a large-scale drug trafficking operation, possessing and distributing methamphetamine and ecstasy. They were charged with trafficking and possession of drugs with intent to supply.

• Despite the serious charges, the judge exercised discretion due to Cooperation with authorities during the investigation.

  Remorse and lack of prior criminal history.
  

• Criminal Code Act 1995 (Cth), Drug Misuse and Trafficking Act 1985 (NSW)

R v Black

• In this case, a man, Black, was charged with the murder of another man. Black had been involved in a confrontation with the victim, and he argued that he acted in self-defense. The trial raised the issue of whether he had been provoked in a way that would justify the use of deadly force.

• Self-Defense Claim: Black claimed that he was under a genuine belief that he was in imminent danger of harm, which led him to take defensive action.