Photo AI
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 Computer Crimes Act 2003 under which Fred was charged for his actions constitutes a clear example of statutory law as it was enacted by the legislative body to address specific offenses related to computer systems.
-
Common Law: The case of R v Grimmes mentioned in George's sentencing can be considered a source of common law, which evolves through judicial decisions and precedents set in previous court 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 criminal behavior appears to have been driven by his financial needs, particularly his alcohol addiction and lack of stable employment, highlighting how socioeconomic status can influence criminal choices.
-
Mental Health Issues: George's history of mental illness also played a crucial role in his actions, indicating that individuals struggling with mental health challenges may engage in criminal behavior as a means of coping or surviving.
Step 3
Assess the role of discretion throughout the criminal process.
Answer
Discretion plays a critical role in the criminal process, impacting various stages from police actions to judicial sentencing. For instance, the police exercised discretion in deciding how to respond to George's crime immediately, demonstrating an understanding of the context without further escalation. Additionally, the judge’s decision in George's case considered unique factors like his mental health, implying that discretion allows for individualized justice. Conversely, in Fred's case, the police opted for a less severe response, suggesting discretion in prioritizing community service over imprisonment could reflect an understanding of the wider implications of Fred's actions and intent.
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 effectiveness of the criminal legal system in balancing community interests with individual rights is complex. For example, while George's sentencing reflects a response to community safety and the impacts of his crime on the victim, it raises concerns about the rights of individuals with mental health issues who may require rehabilitation rather than imprisonment. In contrast, Fred's outcome, though seemingly lenient, emphasizes a shift towards restorative justice, recognizing the need for reform in legal attitudes toward non-violent cyber offenses. Hence, while the legal system attempts to address these tensions, challenges remain in ensuring fairness and proportionality in responses, warranting ongoing examination and reform.