Legal_Assessment_on_Crime_Yr_12

Sydney Dance Teacher Faces Seven More Assault Charges Sexual Assault - Indecent Assault, Aggravated Sexual Assault The 59-year-old teacher was charged with six counts of historical sexual assault offenses. The man is due to face Burwood Local Court where seven more charges of aggravated indecent assault and aggravated sexual assault will be laid against him. 1 in 6 women and 1 in 33 men will be a victim of sexual assault in their lifetime. College age women are 4 times more likely to be sexually assaulted. 60% of sexual assaults are not reported to the police. Reporting has increased by 1/3 since 1993. Section 61L of the Crimes Act states: Any person who assaults another person and, at the time of, or immediately before or after, the assault, commits an act of indecency on or in the presence of the other person, is liable to imprisonment for 5 years. The maximum penalty for the offense of Indecent Assault is 5 years imprisonment. In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused assaulted another person. At the time of, or immediately before or after the assault, the accused committed an act of indecency on or in the presence of the other person. It will be necessary for the Police in every offense to prove that the accused was the person who committed the offense. Section 61J of the Crimes Act states: Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years. In this section, "circumstances of aggravation" means circumstances in which:(a) at the time of, or immediately before or after, the commission of the offense, the alleged offender maliciously inflicts actual bodily harm on the alleged victim or any other person who is present or nearby, or(b) at the time of, or immediately before or after, the commission of the offense, the alleged offender threatens to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument, or(c) the alleged offender is in the company of another person or persons, or(d) the alleged victim is under the age of 16 years, or(e) the alleged victim is (whether generally or at the time of the commission of the offense) under the authority of the alleged offender, or(f) the alleged victim has a serious physical disability, or (g) the alleged victim has a serious intellectual disability. The Maximum penalty for the offense of Aggravated Sexual Assault is 20 years imprisonment. In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused had sexual intercourse with a person. The other person did not consent to the sexual intercourse. The accused knew the other person did not consent to the sexual intercourse. The sexual intercourse was in circumstances of aggravation. Protection and recognition of individual rights - The community would be outraged and all the parents would worry for their children. The legal system treats this very seriously because of the underage children involved and in a schooling ground. With the protection and recognition of individual rights the police look at the victim, the families and the person who committed the crime. It will be necessary for the Police in every offense to prove that the accused was the person who committed the offense. Raids Uncover Sydney’s $14m Suburban Drug Farm Chain: Police Drug - Manufacture a Prohibited Drug Police have taken hold of $14 million worth of cannabis. 220 officers raided 16 homes and have gathered 2296 plants and 500 kilograms of cannabis leaf. Eight people have been arrested. Latest police statistics reveal the number of drug offenses fell by almost 46 per cent during the 12 months to September. Section 24 of the Drug Misuse and Trafficking Act states: (1) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offense.(2) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, an amount of a prohibited drug which is not less than the commercial quantity applicable to the prohibited drug is guilty of an offense.(3) Where, on the trial of a person for an offense under subsection (2), the jury are not satisfied that the amount of prohibited drug involved is equal to or more than the commercial quantity applicable to the prohibited drug, they may acquit the person of the offense charged and find the person guilty of an offense under subsection (1), and the person shall be liable to punishment accordingly.(4) Nothing in this section renders unlawful the manufacture or production of a prohibited drug by(a) a person licensed or authorized to do so under the Poisons Act 1966; or(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the manufacture or production of the prohibited drug is for the purpose of scientific research, instruction, analysis or study, or renders unlawful the taking part by any other person in the manufacture or production of a prohibited drug by a person to whom paragraph (a) or (b) applies. The Maximum penalty for the offense of Manufacture Prohibited Drug if it is dealt with as: Strictly indictable is a fine of 2000 penalty units and/or 15 years imprisonment. Table 1 matter: Fine of 100 penalty units and/or 2 years imprisonment.Table 2 matter: Fine of 50 penalty units and/or 2 years imprisonment. In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. 1. The accused manufactured or produced, or knowingly took part in the manufacture or production of.2. A prohibited drug. Resource Efficiency- The money has been spent wisely. Big drug farm plantation so it was not a waste on our money. The effect drug farms and the way the legal system does deal with these issues are quite dramatic. All illegal drugs are taken seriously and can be heavily fined. In the ACT marijuana is still illegal, but a person carrying wont get charged if the amount being held is only enough for one person. If the person does have an excess amount they will be fined and taken to court. It will be necessary for the Police in every offense to prove that the accused was the person who committed the offense. Two Charged Over Sydney Shooting Death Murder - Murder A man with a gunshot to the head was found dead. Two men have been charged with murder, arrested and have been refused bail. Currently, about 5.2% of Australian adults (765,000 people) own and use firearms for purposes such as hunting, controlling feral animals, collecting, and target shooting. In 1998, 57 people were killed due to gun violence. In 2005, 11,346 persons were killed by firearm violence and 477,040 persons were victims of a crime committed with a firearm. Section 18 of Crimes Act states: Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years Maximum penalty for the offense of murder is imprisonment for life In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.1. A murder2. Intent to kill (malice aforethought) Opportunities for Enforcement- The police said that they were not making any further arrests because they want to continue their investigations. The police are responsible for judging whether a case is worth of prosecution. It will be necessary for the police in every offense to prove that the accused was the person who committed the offense. Bikie Brothers Arrested Over Sydney Shooting Murder - Conspiracy to Murder In 1976, the percentage of homicides caused by firearms during arguments was about the same as from gang involvement (about 70 percent), but by 1993, nearly all gang-related homicides involved guns (97 percent), whereas the percentage of gun homicides related to arguments remained relatively constant. The percentage of gang-related homicides caused by guns fell slightly to 94 percent in 2004, but the percentage of homicides caused by firearms during the commission of a felony rose from about 60 percent to 77 percent from 1976 to 2005. Section 18 of Crimes Act states: Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years Maximum penalty for the offense of murder is imprisonment for life In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.1. A murder2. Intent to kill (malice aforethought) Protection and Recognition of Individual Rights- The men taken into custody after heavily armed police surrounded their family home. The police also executed a warrant at the Comanchero Club house at Milperra. The police hope to charge other memebers of the Comanchero over the shooting in the coming weeks. It will be necessary for the police in every offense to prove that the accused was the person who committed the offense. Opportunities for Enforcement- Superintendent Steve French said,”Its involved motorcycle gangs; they do not tend to co-operate with police. In fact they tend to try to frustrate us more than co-operate with police.” He said stated that there was quite a degree of planning in the shooting. It will be necessary for the police in every offense to prove that the accused was the person who committed the offense. Sydney Women Ingests 41 Balloons of Heroin Drug - Possess Prohibited Drug Past year illicit drug users were also about 16 times more likely than nonusers to report being arrested and booked for larceny or theft; more than 14 times more likely to be arrested and booked for such offenses as driving under the influence, drunkenness, or liquor law violations; and more than 9 times more likely to be arrested and booked on an assault charge. Section 10 of the Drug Misuse and Trafficking Act states: 10 (1) A person who has a prohibited drug in his or her possession is guilty of an offense. Nothing in this section renders unlawful the possession of a prohibited drug by: (a) person licensed or authorized to have possession of the prohibited drug under the Poisons Act 1966 , (b) person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study, (b1) person acting in accordance with a direction given by the Commissioner of Police under section 39RA,(c) person for or to whom the prohibited drug has been lawfully prescribed or supplied, or(d) person who:(i) as the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and(ii) as the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply. The maximum penalty for the offense of drug possession is a fine of 20 penalty units and/or 2 years imprisonment. In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. 1. The accused had in his or her possession. 2. A prohibited drug. It will be necessary for the Police in every offense to prove that the accused was the person who committed the offense. Click here to learn more about identification evidence. Reviews and Appeals – With the amount of heroin involved the women could have been working for someone, so being able to prove it helps the lady. But thinking about all the extra things found in her home, they would not just be for all her. Being able for many police to review the situation would be crucial. Yes the lady had possession of an illegal drug but thinking why should would want to ingest them' Bibliography http://www.abc.net.au/news/stories/2010/10/29/3051727.htm www.armstronglegal.com.au http://en.wikipedia.org/wiki/Gun_politics_in_Australia http://twocrabs.blogs.com/2crabs/2007/04/gun_violence_st.html http://www.ojp.usdoj.gov/nij/topics/crime/gun-violence/welcome.htm http://www.whitehousedrugpolicy.gov/publications/factsht/crime/index.html