Current reading- Criminal Law

Criminal Law

Understand Obser vations in criminal law

The previous sections have shown that there is no single or simplistic answer to the question What is crime? Different individuals and different societies understand and define the term differently. Different disciplines (philosophy, law, c...

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Criminal Law

What is Legal positivism - Criminal Law

The way in which Australian criminal law is generally conceptualised reflects a positivist approach to the law. In relation to criminal law, the positivist approach presumes that whatever is a crime can be objectively verified and is instit...

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Criminal Law

What is Moral wrong ness in Criminal Law

Many concepts and definitions of crime make reference to the moral outlook of conduct. Thus it could be argued that the criminal law seeks to protect moral values and punish those that infringe upon them. According to Simon Bronitt and Bern...

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Criminal Law

Certification by NSW Police of Compliance

Part 4 of the Protocol (page 3) requires the rele vant supervisor of the OIC of the case to certify that the brief meets the requirements of Parts 2 and 3 of the Protocol , specifying specify some aspects in particular , including: The inve...

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Criminal Law

The Content and Form of the Brief in NSW

In his 2 nd Reading Speech, the Attorney General said that although admissible form will not always be required, it may still be requested by the DPP purs uant to a protocol providing guidance (page 7): Given a Magistrate will no longer be...

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Criminal Law

Understand The Brief of Evidence in NSW

The Extent of Disclosure : The Content and Form of the Brief of Evidence A s noted a bove at s.55(b) and as set out more fully at s. 61, a brief of evidence is served on the a ccused person by the prosecutor: s. 61 Requirement to disclose e...

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Criminal Law

Australia - The New Committal Procedure in NSW

Schedule 1 of the Act introduces a re - drafted Part 2 of Chap ter 3 of the Criminal Procedure Act 1986 , which sets out a new Local Court procedure for the committal of NSW and , subject to some qualifications considered in the commentary...

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Criminal Law

Australia - Early Appropriate Guilty Pleas

The Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (the Act) , which was passed by parliament on 18 October 2017 , 1 introduces a legislat ive scheme (the scheme) that fundamentally changes the nature of committal proc...

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