Human Rights IDEAS
An International Agreement which is the cornerstoen of modern law
What is the Universal Declaration of Human Rights
Was the world's first statement that created the idea that no one is above the law
What is the Magna Carta
This legislation describes Police Powers in NSW
What is Law Enforcement (Powers and Responsibilities) Act 2002
This Court deals with offenders under 18 years of age or under 21 years of age and were less than 18 years of age when they were charged.
What is the Children's Court
These provide guidelines for sentencing matters to promote uniformity and consistency
What are judividal and statutory guidelines
The power of an independent state to govern itself
Contains 30 articles on Human Rights that reflect the four freedoms: freedom of speech, freedom of conscience, freedom from fear, and freedom from want
What is the Universal Declaration of Human Rights
The power of courts to admit evidence even if it is improperly obtained
What is section 138 of the Evidence Act (1995)
A case which demonstrates why it may be necessary to dispense with a Jury in serious trials
R v Gittany
This case resulted in mandatory sentencing for one punch offences
What is R v Loveridge
Divides the power of the state to prevent the Government from abusing its powers
What is the Separation of Powers
UN Case which considered whether Tasmanian law was in breach of the ICCPR because it criminalised homosexuality
What is Toonen v Australia
In 2012, this became a qualified right upon arrest for serious crimes
What is the right to silence
This allows for rigorous testing of evidence but was reformed due to defendants abusing their right to cross examination
What is the Adversarial System
Greed is an example of one of these factors that influence sentencing and will increase a potential sentence
What are Aggravating Factors
Sets out a specific system of government to ensure individual rights and protect from risk of abuse of power
What is the constitution
Established right to a fair trial and legal representation in Australia
R v Dietrich
From 2013, people who have been charged now need to prove this under the Bail Act
What is Show Cause why detention is not justified
This has been criticised as it leaves victims of crime feeling disempowered
What is Plea and Charge negotiation
The case of R v Wran describes what type of mitigating factors
What is extra curial punishment
Established in 1948, this provides advice to the United Nations and hears disputes between Nation States
What is the International Court of Justice
First jury conviction under the Slavery provisions of the Commonwealth Criminal Code
What is R v Wei Tang
Largely replaced Summons as an option for less serious crimes
What is a Court Attendance Notice
This NSW case resulted in reform to the defence of provocation, now requiring the provoking act to be a case of "extreme provocation" and involving a serious indictable offence.
What is R v Singh
This type of sentence reflects a serious criminal conviction but allows offenders to serve their time in the community
What are Intensive Correction Orders