Photo AI
Crimes Old and New: A Day in the District Court 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
Crimes Old and New: A Day in the District Court In the first case of the day George was sentenced to 16 months gaol for stealing $300 from an elderly woman. The off... show full transcript
Worked Solution & Example Answer:Crimes Old and New: A Day in the District Court 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: This is illustrated by the reference to the Computer Crimes Act 2003 which sets out specific offenses related to cybercrime.
-
Common Law: The case of R v Grimes is mentioned as a basis for sentencing George, highlighting the reliance on precedence in criminal law.
Step 2
Identify and explain TWO factors that may have contributed to the criminal behaviour reported in this article.
Answer
-
Social Factors: George's statement about his alcohol addiction suggests that substance abuse played a significant role in his criminal behavior. This reflects how personal struggles can lead individuals to commit crimes for survival.
-
Psychological Factors: George's mental illness is a critical factor. His inability to find work and effectively represent himself in court indicates that his mental health issues significantly affected his decision-making and behavior.
Step 3
Assess the role of discretion throughout the criminal process.
Answer
The role of discretion is evident in various stages of the criminal process. For example, police discretion is evident in how they choose to enforce laws and how seriously they take offenses such as those committed by George and Fred.
Judicial discretion comes into play during sentencing; the judge had the power to consider George's mental health and background before deciding on a harsh penalty. In contrast, the leniency shown towards Fred illustrates how discretion can vary based on the context and perceived intent behind criminal actions.
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 seeks to balance community safety with individual rights. In the case of George, the judge's decision reflects the community’s need for safety against the backdrop of an individual’s personal struggles. Furthermore, Fred's case highlights the complexity of addressing cyber crimes where the intent may not always be malicious, yet poses significant risks to communities.
Arguments can be made that the system is effective in protecting community interests, as it ultimately holds individuals accountable for their actions. However, the challenge remains in ensuring that individual rights are upheld, especially for vulnerable populations like George, who may require rehabilitation rather than punishment. Overall, while the system aims to protect both community interests and individual rights, there is a continuous need for critique and reform to address inequalities in the application of justice.