2nd February 2023

Laws and society

 Legal rules that can be enforced by police and the courts
 Different to school or sporting club rules as these apply only to people directly
involved and don’t attract serious penalties if broken
 Without them we may have a state of anarchy (where the people with the most
strength dominate the weak suffer)
At what age can people in Australia do this?
Get married-18
Drive a car on a public road- 16 or over
Drink in a hotel-18
Buy cigarettes-18
Sign a contract-18
Vote in an election-18
3rd February 2023
Why do we need laws?
 To establish boundaries of acceptable behaviour that reflects the values and ethics of
society E.g., decency laws
 Protection from the actions of others as well as our own behaviour e.g., assault
 Freedom to do many things by telling society what people can do e.g., Marriage
 Resolving disputes to stop people taking the law into their own hands e.g., protection
from vigilantism
th
6 February 2023
The legal system- the role of courts police and parliament
Parliament- make new laws and change existing ones
Police-enforce the laws, investigate crime, protect life and property
Courts- interpret the laws, settle disputes according to strict rules of evidence and procedures,
set precedents by making decisions.

13th February 2023

Questions
1.what level in the court hierarchy does the drug court sit?
Inferior court
2.why would pleading guilty be recommended to a defendant?
Pleading guilty avoids the uncertainty of the trial
3. how would you describe the punishment relative to the crime? Is It fair?
I believe that the punishment was fair
4.what are the limitations of the drug court?
Limited power in having someone seek help
Jurisdiction limited to NSW
Low position in hierarchy limits scope of punishment

 Constitutional right to vote

 Criminal were disqualified from voting
 Aboriginal people being disenfranchised at a higher rate than non-indigenous
Australians due to higher imprisonment rate
 Low found to disenfranchise criminal with relatively minor charges
Which court would hear the following?
 1. An appeal from the NSW Supreme Court
High court
2. A hearing for a minor traffic offence
Local court
3. An investigation into a suspicious death
Coroners court
4. An armed robbery trial
District court
5. A preliminary or committal hearing in an aggravated rape trial
6. A civil dispute between business partners over $100 million
7. A case dealing with the right to freedom of religion (in our constitution)

What is a crime?
 Act or failure to act
 Breaks existing law
 Causes harm, punishable by law
 Mens rea or guilty mind
 Actus reus or guilty act
 Strict liability crimes
Summary offences include
 Traffic offences
 Failing to answer bail
 Serving alcohol to underage persons
Indictable offences include
 Murder
 Manslaughter
 Rape
 Armed robbery
 Embezzlement
 Fraud
What is civil law?
 Disputes between people groups rights abused
 Consequences different
 Compensation
 Plaintiff and defendant
 Often settled out of court torts
 E.g., negligence, defamation, nuisance, trespass
 Balance of proof probability
 Consequences different
Civil law-contract law
 Goods, services exchanged for money
 Offer acceptance
 Consideration, freely
 Given consent
 Conditions, come have exemption clauses
 Sue if a breach of contract
 Disputes cost millions of dollars
  Environmental

 Immigration

 Tort

 Employment

 Criminal

 Family

Criminal or civil
 Determined by which are breached
 Criminal matter usually to court
 Some cases, offender let off
 Number of alternative pways
 Example: tribunals
 Often quicker and cheaper

Legal personal
1.Judges (supreme and district courts) and magistrates (local)- preside over the court cases
and makes determinations in court based on the evidence presented by the prosecution and
defence. They are neutral third party who ensures that the rules are followed, and a fair trial is
carried out.
2.In criminal cases, the prosecutor must convince the jury that a person is guilty. This is done
by asking questions of witnesses to draw out relevant information. In civil cases, a barrister
will act on behalf of the plaintiff. Their role is to present reasons why their client should
receive compensation.
3.In criminal cases, the counsel for the defence represents the accused, the defendant. If the
accused pleads guilty, the counsel for the defence presents arguments to try to lessen the
punishment. If the accused pleads not guilty, defence counsel must convince the judge or jury
that their client is innocent. In a civil case, the counsel for the defence attempts to convince a
judge (and occasionally a jury) that no wrong has been committed. If successful, the accused
does not have to pay damages
4.The judge’s associate is a trained lawyer who manages much of the paperwork.
5.Court reporter
6.The accused
7.Members of the media, who observe proceedings so they can report what happens
8.Witness- Witness box, from which people give evidence
9.Jury- Anyone whose name is on the electoral roll can be called as a juror. In a criminal
case, the jury consists of 12 people. In a civil matter, only six people decide how much
money should be paid for damages. In a civil trial, the jury must decide on the balance of
probabilities whether the defendant is liable, and in a criminal trial on whether the accused is
innocent or guilty beyond reasonable doubt
10.public gallery-members of the public, who listen to and observe the court proceedings
Research: juries
1.the role of the jury, how a jury is selected and main legislation
To determine questions of fact and to apply the law, as stated by the judge, to those facts to
reach a verdict
2.research two arguments for and against the use of juries
Against: As the people on a jury do not generally have a legal background, it is possible that
they may not entirely understand complex legal documents or argument, or in-depth forensic
evidence.
For: it ensures that defendants are judged by their peers.
3.suggest why majority verdicts are now allowed by the court and explain when a court will
allow a majority verdict
A majority verdict is only available if you are being tried for a state offence
4.identify the benefits of a major verdict
 reduces the likelihood of convicting an innocent defendant.
 Cut in the number of hung juries
 Fewer problems with

6th March 2023

Common law
When judges rule in a case where there is no existing law or they interpret statutory
law, they president which all lower courts have to follow. Precedent helps the legal
system achieve fairness and justice as ask similar cases are dealt with in the same way.
Statute law
 Parliament can make laws and change laws
 Federal parliament can make laws that affect the whole country e.g., immigration,
defence

 State parliament can make laws that affect the state e.g., hospitals, police, roads

Bills database
1. Education Legislation Amendment Bill 2008
2. Provides additional funding to support indigenous education outcomes.

13th march 2023

Customary laws
Customs are practices
Definition: customs which have been integrated into law through long standing practise
Customary laws if aboriginal and Torres strait islander people
 Oldest living culture in the world
 No single system of ATSi law, but some common elements to each group
 Laws spiritually based closely linked to the land
 ATSI laws are based on tradition, ritual and socially acceptable conduct, and this is
why it is customary law.
How is it different to British common law?
 Land ownership demonstrates the differences while the British believe there is a
right to possess property, the land is sacred to ATSI people, and they consider
themselves to be custodians of the land
  This is how the British were able to consider the Australian land to be terra nullius,
as they could see people but not evidence of ownership like they were used to,
fences etc
Spiritual nature of indigenous customary laws
 The Dreaming is the basis of most customary law in Australia.
 It is also known as The Dreamtime.
 It is the history of the Aboriginal people, and explains how the land, animals and sky
were created, it has a very strong religious element.
 It is an ORAL history, so it is subject to change based on the interpretation of the
person telling the history.
 Since 1788, the indigenous people of Australia have lived under 2 legal systems.
 As more than 2/3 of Aboriginal and Torres Strait Islander (ATSI) people live in remote
areas, they are more likely to use customary law to settle a dispute.
Diversity of indigenous societies
 ATSI law is tribal, and different tribes have their own variations of Customary law.
 Australia is a large land mass, and as a result, variations to language and modes of
conduct have developed.
 Similarities outweigh the differences.
Ritual and Oral Traditions within Indigenous Societies
 Law is an integral part of values, customs and ethics of Indigenous peoples and has
developed over thousands of years.
 Most laws relate to marriage, child rearing, religion, family, and kinship.
 Orally passed from generation to generation.
 Songs, stories, dances help to pass on this knowledge.
 Different people are in charge of the passing of different stories- for example,
women tell stories to girls of a certain age...
 Many of these ceremonies are sacred and are not permitted to be shared with those
outside of the community-it’s one of the laws!
Dispute Resolution within Indigenous Societies
 When laws are broken, or disputes arise within traditional Indigenous societies, the
family and the community are involved.
 Discussions and meetings would be held during ceremonial times.
 Elders and influential members of the tribe will meet and use discussion and
dialogue to settle the conflict/dispute.
Enforcement and Sanctions within Indigenous Societies
 It is expected that everyone in the community will follow and reinforce traditional
laws.
 Order is maintained through self regulation, and consensus among family heads.
 Elders only intervene when necessary.
 Where breaches of sacred law occur, elders are often directly involved in applying
the sanctions.
 Sanctions vary from place to place.
 The relatives of the wronged party, ceremonial leaders, or both, may be involved in
applying the sanction.
 Punishments can include ridicule and shaming, to exile, spearing or death.
 For serious offences, elders may need to ensure that the punishment is carried out
appropriately.
  Punishment by death is much less frequent now, possibly because of the conflict
with Australian common law.
The significance of land and bodies of water to Indigenous societies
 Ownership of land is alien to ATSI people, who believe that they are custodians of
the land.
 Being a member of a tribe means that a person is able to live on, and use the
resources of certain lands.
 Loss of the groups land means a loss of culture and history, as significant ceremonies
and traditions take place in particular parts of the land.
 Failure to follow traditional laws can be seen as a failure to show respect for the land
and traditional values.

R v William Davey
Davey a 32-year-old male pleaded guilty to manslaughter of another aboriginal. Davey
picked up a large piece of timber and struck the victim once on the head. He died as a result
of the blow, although it seems clear that Davey did not intend to kill him. Justice Gallop
imposed a sentence of 3 years imprisonment but suspended it upon Davey entering into a 3-
year good behaviour bond and submitting to the supervision of the Director of Correctional
Services.

20th March 2023

Port Arthur
Do you believe that this helps to achieve justice and reflect the morals and ethics of our
modern society?
I believe that the laws were taken into place were extremely effective in achieving justice for
the victims and their family members if the port Arthur massacre.
1. What is the "One Punch?" law formally known as in New South Wales? Include the
law's name under the Crimes Act 1900.
The one punch law is also colloquially known as the coward punch laws. The one punch laws
state, “the person assaults another person by intentionally hitting the other person with any
part of the person's body or with an object held by the person “.

2. What events led to the introduction of the One Punch law?

They were passed in 2014 in response to a number of highly publicised alcohol fuelled
assaults

3. What three factors must be satisfied beyond reasonable doubt for a court to convict
someone under this law?
4. What is the maximum penalty in NSW under this law?
A person found guilty of the offence of Assault Causing Death When Intoxicated is liable to a
maximum sentence of 25 years imprisonment.

5. How effective has this law been at reducing fatal assaults?

6. Under this law, offenders must serve a mandatory minimum sentence of eight years in
prison without chance of parole (early release on good behaviour bond) . Discuss
potential issues with this sentencing.
27th March 2023
Legal capacity
Age of majority
In the legal sense when a person reaches the age of 18 (the age of majority they are no longer
classed as a minor and are said to be adults
Age of consent
Refers to when it is legal for young people to consent to sex. The general age of consent in
NSW is 16 but for sex between men it is 18
Age of criminal liability
Refers to the age at which a child can be guilty of an offence.in NSW children under 10 are
classed as incapable of crime and from 14-18 can be held fully responsible for their criminal
acts but may be subject to different range of criminal sanctions.

Murder of James bulger

1. I think the children should’ve been placed in a detention centre and given therapy
2. I think it would probably be better if they didn’t disclose their names because then
they wouldn’t have to change their identity’s
3. I think the terms of their sentence
4. I think it should be changed to 12 as every child is different and some take longer to
develop mentally.
5. I think this was good so they could keep going with their normal life and not be
tortured about their past.

1. How many offenders between the ages of 10-17 were proceeded against by police?
There were 45,210 offenders aged between 10 and 17 years proceeded against by
police in Australia, an increase of 2% from 2020–21.
2. What is the most common principle offence for this age group, and what percentage
does this account for? 22% of youth offenders were proceeded against for acts intended
to cause injury.
3. What caused a spike in "miscellaneous" offences?
Covid 19 related offences
4. What is notable about the male youth offender rate compared to the female youth
offender rate?
There are significantly more male offences than female
5. A significantly greater proportion of youth offenders are aged 15-17 compared to the
10-14 age range. Discuss why this might be the case (note that these statistics only
reflect the offenders who were proceeded against by police).
Because of teenage rebellion
6. The mean number of times youth offenders were proceeded against in a year is over 2
times in most states/territories. What does this say about the nature of these youth
offenders?
It means that they will probably commit another offence if not convicted and given a
punishment.
 Public law- between the government and a individual
Private law is between 2 or more individuals
Mens rea mental intentions
Actus reus physical actions
to prosecute is to participate in or pursue something to completion,
burden of proof- obligation to provide sufficient supporting evidence for claims that you
make
standard of proof
proof beyond reasonable doubt.
Defendant is someone who is accused or sued in a case of law

Type of court Position in the Personnel Types of Types of criminal cases Appeals
hierarchy who hears civil cases heard
the case heard
Lower courts (including specialist courts)

Local Court Inferior/Bottom Magistrate Matters up to Summary offences such as Does not
$100,000 traffic offences. Bail and hear
ADVO applications appeals
Coroner’s State Coroner Deals with death and fires Does not
Court and explosions hear
appeals
Children’s Inferior court Care and protection of
Court children and young people
Koori Court High court Magistrate Young aboriginal and Torres
strait islander people charged
with criminal offences
Drug Court Inferior court Deals with offenders who are Appeals
dependent on drugs accepted
Middle Court

District Court Intermediate Judge Serious assaults, sexual Appeals

court assaults, fraud, or burglary accepted
Superior Courts

NSW Court of High Judge or jury Appeals

Criminal accepted
Appeals
NSW Court of High 3 judges Appeals
Appeals accepted
Highest Court

High Court of Top of court 7 Justices Criminal law tax law family No further
Australia. law trade practices appeals

An Introduction to Criminal and Civil Law:

After the Program
1. Distinguish between summary and indictable offences.
Summary offences are usually less serious cases such as traffic offences, serving alcohol to underage
persons and careless driving while indictable offences are serious e.g. Assault, murder, and fraud

2. Explain the Law of Torts and the Law of Contract.

Tort law is the branch of the law that deals with civil suits, with the exception of disputes involving
contracts while law of contract is law made by judges in deciding disputes between contracting parties

3. Construct a table and highlight the differences between criminal and civil law using the following:
definition, purpose, which party brings the action, the nature of the action, standard of proof required,
decision and outcomes.

Civil law Criminal law

Definition the system of law concerned with a system of law concerned with the
private relations between members punishment of offenders.
of a community rather than
criminal, military, or religious
affairs.
Purpose Civil law defines the rights and The purpose of criminal law is to
responsibilities of individuals, provide a society with a set of rules
government entities and private or regarding legal and illegal
non-government organisations in behaviour
their interactions with each other
Which party bring the action The plaintiff Applicant’s plaintiffs’ appellants,
respondents and defendants
The nature of action the whole of the material facts Aims to identify, acknowledge
which it is necessary for the punish and educate the greater
plaintiff to allege and prove in order community and would be offenders
to succeed Cause of Action consists about the consequences of their
of a bundle of facts which give actions through criminal justice
cause to enforce the legal injury for system
redress in a court of law.
Standard of proof required Proving the accused's guilt beyond proof beyond reasonable doubt of
reasonable doubt each element of the offence and
disproof beyond reasonable doubt
of any defence, exception,
exemption, excuse, justification, or
qualification.
Decision The outcome of a civil case is a judicial determination of parties'
decision on whether or not the rights and obligations reached by a
plaintiff has proved 'on the balance court based on facts and law
of probabilities' that the other party
failed to fulfil (or 'breached') their
civil law obligations to the plaintiff
Outcomes If the defendant is found not guilty, decision on whether or not the
the defendant is acquitted, and no plaintiff has proved 'on the balance
other order is made of probabilities' that the other party
failed to fulfil (or 'breached') their
civil law obligations to the plaintiff