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In the first case of the day George was sentenced to 16 months gaol for stealing $300 from an elderly woman - HSC - SSCE Legal Studies - Question 17 - 2004 - Paper 1
Question 17
In the first case of the day George was sentenced to 16 months gaol for stealing $300 from an elderly woman. The offence occurred on a busy street and the police wer... show full transcript
Worked Solution & Example Answer:In the first case of the day George was sentenced to 16 months gaol for stealing $300 from an elderly woman - HSC - SSCE Legal Studies - Question 17 - 2004 - Paper 1
Step 1
Identify TWO sources of criminal law contained in this article.
Answer
- Statute Law: The article references the new Computer Crimes Act 2003, which is a statutory law governing computer-related offences.
- Common Law: The case of R v Grimnes is mentioned, representing common law principles as it was determined based on precedents set in earlier cases.
Step 2
Identify and explain TWO factors that may have contributed to the criminal behaviour reported in the article.
Answer
- Socioeconomic Factors: George's need for money, as he claimed it was to satisfy his alcohol addiction and buy food, suggests that socioeconomic pressures can lead individuals to commit crimes out of necessity.
- Mental Health Issues: George also highlighted his history of mental illness, which may impair decision-making and contribute to criminal behaviour, indicating the need for mental health support.
Step 3
Assess the role of discretion throughout the criminal process.
Answer
In the criminal process, discretion plays a crucial role at various stages. For example, police discretion in arresting individuals can significantly affect the outcome of a case. In George’s situation, the judge demonstrated discretion in deciding a sentence based on his circumstances, choosing imprisonment due to the perceived safety risk he posed to the community. Conversely, Fred's case showcased the discretion of prosecutors and judges in opting for community service instead of incarceration, reflecting the judicial system's flexibility to consider individual cases and their context.
Step 4
Evaluate the effectiveness of the criminal legal system in dealing with the tension between community interests and individual rights and freedoms.
Answer
The criminal legal system strives to balance community interests and individual rights. However, effectiveness varies. In George's case, while public safety was prioritized through a custodial sentence, it raises questions about rehabilitation and the impact of such decisions on an individual's future. Conversely, Fred’s case illustrates a more rehabilitative approach, reflecting an understanding of individual rights. The tension remains as one side often infringes on the other; community protection may lead to severe restrictions on personal freedom. An examination of cases such as these shows that while attempts at balance exist, the legal system still grapples with successfully addressing both community safety and the rights of individuals.