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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
In the first case of the day George was sentenced to 16 months gaol for stealing $300 from an elderly woman. The offence occurred on a busy street and the police wer... show full transcript
Worked Solution & Example Answer: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
- Statutory Law: This source of law is derived from legislation such as the Computer Crimes Act 2003, which addresses crimes related to computer use and cybersecurity.
- Common Law: This includes legal precedents set by prior court decisions, such as the case of R v Grimes mentioned in the transcript, guiding judges in making sentencing decisions.
Step 2
Identify and explain TWO factors that may have contributed to the criminal behaviour reported in this article.
Answer
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Mental Health Issues: George's claim of having a history of mental illness may have impaired his judgment and ability to make rational decisions, influencing his decision to commit theft. His alcohol addiction further compounded his difficulties in finding stable employment.
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Socioeconomic Factors: Both George and Fred may be influenced by their financial situation. George’s need for money for food and support likely drove him to theft, while Fred's actions stemming from being part of an advocacy group against banks suggest a more complex societal discontent.
Step 3
Assess the role of discretion throughout the criminal process.
Answer
Discretion plays a significant role in the criminal process at various stages, including police discretion in reporting and prosecution, judicial discretion in sentencing, and post-sentencing outcomes. In George's case, the judge's interpretation of the R v Grimes case reflects the exercise of judicial discretion, allowing the judge to consider the individual circumstances surrounding George's crime and the societal impact on the victim. Similarly, Fred's case highlights the discretion exercised by law enforcement and the judiciary in interpretations of intent and severity of punishment, examining how different actors in the legal system approach discretion.
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 often faces challenges in balancing community interests against individual rights, as evidenced in the cases of George and Fred. While the system aims to protect community safety through appropriate sentencing and deterrence, it must also safeguard the rights of individuals. For example, programs focused on rehabilitation for offenders like George may serve both public safety and individual rights, promoting positive reintegration into society. However, excessive punitive measures can undermine individual freedoms and may not address underlying social issues, such as mental health and economic disparity. Ultimately, the effectiveness of the legal system hinges on its capacity to adapt and incorporate changes that respect both community and individual needs.