LAW 2599 Lecture Notes - Lecture 1: Migration Act 1958, Judiciary Act 1903, Crimes Act 1914
23 May 2018
School
Department
Course
Professor
THE CRIMINAL JUSTICE SYSTEM
Model for defining a serious crime
works well with serious offences (murder etc), not with
minor offences such as speeding etc
1. Moral wrong
2. Responsible actor, informed, rational, able to
make decision
3. Voluntary, willed criminal act resulting in
harm/ damage
4. Criminal state of mine- guilty intent. Mens rea
5. Absence of excuse- without reason such as self
defence
Fundamental Rights
❖ Right to a fair trial (also a human right)
➢ Person cannot be convicted except after a fair
trial, no matter how grave the crime
➢ ‘every person has a right to be treated fairly’
or ‘every person has a right not be tried
unfairly’ Dietrich v The Queen (1992) 177
CLR 292
➢ Touches every part of the trial Connelly v DPP
Jurisdiction
Federal Crimes
❖ Investigated by AFO, prosecuted by
commonwealth DPP in Federal Courts
➢ Aircraft, airport and aviation crimes
➢ Child sex offences by Australians overseas
➢ Cybercrime against Cth departments or
information systems of national significance
➢ Drug importation/ exportation
➢ People smuggling
➢ Human trafficking- including trafficking for
slavery, organ harvesting, sexual/ domestic/
labour servitude and forced marriage
➢ Online child exploitation
➢ Terrorism
➢ Fraud against Cth
➢ Theft from Cth govt
➢ Assault on Cth official
➢ Threats against a Cth official
❖ Key legislation
➢ Crimes Act 1914 (Cth)
➢ Judiciary Act 1903 (Cth)
➢ Migration Act 1958 (Cth)
➢ Customs Act 1901 (Cth)
➢ Corporations Act 2001 (Cth)
➢ Criminal Code (Cth)
State/ Territory Crimes
❖ Prosecute all other crimes
❖ SA = common law jurisdiction
❖ Key legislation
➢ Criminal Law Consolidation Act 1935 (SA)
➢ Summary Offences Act 1953 (SA)
➢ Road Traffic Act 1961 (SA)
➢ Controlled Substances Act 1984 (SA)
➢ Firearms Act 2015 (SA)
Court system (Hierarchy = lower to higher)
1. Magistrates Court
a. Original criminal jurisdiction
b. Summary trials + some minor
indictable
c. Max penalty = 5 years prison for one
offence– 10 years for more than one
offence.
d. Preliminary examinations for
indictable offences
2. District Court
a. Original criminal jurisdiction
b. Indictable trials exc murder (+ related)
and treason
c. Max penalty = life imprisonment
3. Supreme Court
a. Original criminal jurisdiction
b. Indictable trials murder (+ related) and
treason
c. Court of criminal appeal
d. Max penalty = life imprisonment
4. High Court
a. Appeals by Special Leave
Criminal Justice Process- see flowchart in other
doco
Classification of offences
Summary Offences + Expiable Offences
Pursued by way of complaint. Prosecution has 2 years
(non-expiable) or 6 months (expiable) from the date of
the alleged offence to issue complains
Summary
❖ s 5 Summary Procedure Act 1921 (SA). A
summary offence is
➢ One not punishable by imprisonment;
➢ One with a maximum penalty of 2 years or
less
➢ One with a maximum fine of <$120k
➢ Criminal Law Consolidation Act 1935 (SA):
Property (Part 4) or dishonesty (Part 5)
offences involving <$2500 (including those
with maximum penalty of over 2 years), not
being an offence of violence or one which is
part of a series of offences of a similar nature
involving >$2500 of property in total
❖ Hearing and determination
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Model for defining a serious crime works well with serious offences (murder etc), not with minor offences such as speeding etc: moral wrong, responsible actor, informed, rational, able to. Court system (hierarchy = lower to higher) make decision: magistrates court, voluntary, willed criminal act resulting in harm/ damage, criminal state of mine- guilty intent. Mens rea: absence of excuse- without reason such as self defence. Person cannot be convicted except after a fair: district court trial, no matter how grave the crime. Every person has a right to be treated fairly" or every person has a right not be tried unfairly" dietrich v the queen (1992) 177. Touches every part of the trial connelly v dpp. Investigated by afo, prosecuted by: high court commonwealth dpp in federal courts. Cybercrime against cth departments or information systems of national significance. Human trafficking- including trafficking for slavery, organ harvesting, sexual/ domestic/ labour servitude and forced marriage. Key legislation: appeals by special leave.
