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a) Give an example of a summary crime - HSC - SSCE Legal Studies - Question 17 - 2008 - Paper 1

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a) Give an example of a summary crime. b) Give an example of an indictable crime. c) Outline the features of legal aid. d) Compare ONE type of crime from list A w... show full transcript

Worked Solution & Example Answer:a) Give an example of a summary crime - HSC - SSCE Legal Studies - Question 17 - 2008 - Paper 1

Step 1

Give an example of a summary crime.

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Answer

A summary crime is a less serious offense that is usually handled in a lower court. An example of a summary crime is shoplifting.

Step 2

Give an example of an indictable crime.

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Answer

An indictable crime is a more serious offense that requires a trial by jury. An example of an indictable crime is robbery.

Step 3

Outline the features of legal aid.

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Answer

Legal aid is designed to provide support to individuals who cannot afford legal representation. Key features include:

  • Eligibility: Individuals with low income or assets may qualify.
  • Types of assistance: Legal aid can provide free or subsidized legal advice, representation in court, and assistance with legal documentation.
  • Access to justice: Legal aid aims to ensure that everyone has access to legal services, regardless of financial status.

Step 4

Compare ONE type of crime from list A with ONE type of crime from list B.

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Answer

I will compare Public Order Offences from List A with Drug Offences from List B.

  • Nature of Offences: Public order offences generally involve actions that disrupt the social order, such as disorderly conduct or public intoxication. In contrast, drug offences specifically involve illegal activities related to the possession, distribution, or manufacturing of controlled substances.
  • Frequency and Seriousness: Public order offences can vary in seriousness, but they often attract lesser penalties compared to drug offences, which are typically treated more severely due to their potential impact on society and individuals.
  • Impact on Society: Both types of crimes have social implications. Public order offences may lead to immediate disturbance, while drug offences can contribute to broader societal issues, such as addiction and crime related to drug trafficking.

Step 5

How effective are the types of penalties available in Australia in achieving justice for individuals and society?

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In Australia, the types of penalties include fines, community service, imprisonment, and probation.

  • Deterrence: The effectiveness of penalties in deterring crime varies. For example, heavy fines can deter financial crimes, while imprisonment may deter violent offenders.
  • Rehabilitation: Community service and probation focus on rehabilitating offenders and reintegrating them into society, which can reduce recidivism rates.
  • Restorative Justice: Some measures emphasize restoring harm caused by crime, aiming to balance the needs of victims with those of offenders.
  • Public Confidence: Effective penalties can enhance public confidence in the justice system. However, if penalties are viewed as inadequate, it may lead to diminished trust in legal institutions.

In conclusion, penalties in Australia are multifaceted, addressing not just punishment but also rehabilitation, yet their effectiveness can vary based on the crime and societal context.

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