(a) Identify a penalty no longer available in Australia and give an example - HSC - SSCE Legal Studies - Question 17 - 2007 - Paper 1

The elements of a crime typically include:

1. Actus Reus: The physical act or conduct that constitutes the crime.
2. Mens Rea: The mental state or intent behind committing the crime.
3. Causation: A direct link between the act and the harm caused.
4. Legality: The action must be defined as a crime under law.
5. Harm: There must be a resultant harm or possible harm caused to an individual or society.

1. Social Change: Evolving societal values, such as increased focus on human rights and individual liberties, have prompted reforms. An example is the decriminalization of homosexuality in Australia during the late 20th century following societal shifts towards acceptance.

2. Technological Advances: The rise of digital technology has introduced new forms of crime, prompting legal adaptations. For instance, laws concerning cybercrime have been implemented to address issues such as online harassment and identity theft.

Punishment serves several key purposes:

1. Deterrence: The threat of punishment is intended to deter individuals from committing crimes. For example, harsher penalties for drug trafficking aim to discourage involvement in the illicit drug trade.

2. Rehabilitation: Focuses on reforming the offender to prevent future crimes. Programs offered in correctional facilities, such as educational courses, illustrate this purpose.

3. Retribution: Punishment is seen as a necessary response to wrongdoing, ensuring the offender receives an appropriate consequence for their actions. This could include imprisonment for violent crimes.

4. Public Safety: Removing dangerous individuals from society serves to protect the public from harm. This is exemplified by lengthy sentences for repeat offenders.

5. Restitution: This emphasizes making amends to victims, often through compensation. Courts may order offenders to pay restitution to victims as part of the sentencing.