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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 we... 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
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Common Law: This refers to law developed through court decisions and judicial interpretations, which is evident in the case of R v Grimmes mentioned in the article.
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Statute Law: The article references the Computer Crimes Act 2003, which is a piece of legislation that defines specific criminal behavior pertaining to computer offenses.
Step 2
Identify and explain TWO factors that may have contributed to the criminal behaviour reported in this article.
Answer
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Mental Illness: George's history of mental illness may have impaired his judgment and ability to make rational decisions, contributing to his criminal behavior of theft. His claim about needing money for food and due to his addiction highlights the psychological struggle he faces.
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Socioeconomic Factors: Both George and Fred seem to be influenced by their financial situations. George’s need for money to finance his alcohol addiction and Fred’s desire to challenge what he perceived as the abuse of power by banks suggest that economic pressures can lead individuals to engage in criminal acts.
Step 3
Assess the role of discretion throughout the criminal process.
Answer
Discretion plays a significant role in the criminal justice process, providing legal stakeholders, such as police officers and judges, with the authority to make decisions based on the circumstances of individual cases. In George’s situation, the judge utilized discretion by considering compassionate factors related to his mental illness and character while sentencing.
Conversely, Fred's case illustrates discretion where the police and judicial system opted against harsher penalties, recognizing his actions as part of a larger statement about financial institutions. This flexibility often reflects the legal system's aim to balance justice and rehabilitative opportunities rather than merely punitive measures.
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’s effectiveness in navigating community interests versus individual rights is complex. On one hand, it aims to protect the community and deter crime, as seen in George's harsher sentencing which reflects a stance against theft and safeguarding societal norms.
On the other hand, the leniency shown toward Fred emphasizes a commitment to individual rights, suggesting a recognition of the need for reform in responses to non-violent cyber offenses. Ultimately, the balance the legal system strikes often hinges on the specifics of each case and reflects broader societal values surrounding justice, rehabilitation, and individual freedoms.