Cases Flashcards
(24 cards)
Sydney Seige Facts
-Lindt Cafe December 15 - Man Haron Monis entered lindt cafe on Martin Place with a backpack which contained a sawed off shotgun
Held hostages in cafe and made them hold up islamic flags to show he was representing them
-Some hostages escaped
Facts about Man Haron Monis
Being watched by government
Was on bail
Previously charged with 43 sexual assault charges
Joined a lot of groups - Power hungry
Known for protesting about soldiers in afghanistan
Can crimes be excused
Yes, depending on the circumstance
Complete defence
If successfully proven, these will result in either charges being dropped, or if the defence is presented during trial, an acquittal
Mental illness
Complete defence.
The M’Naghten case (1834) is authority for the defence of mental illness. Used to be known as insanity.
M’Naghten case (1834)
Believed government was plotting against him.
Went to shoot prime minister and accidentally killed Secretary.
He was acquitted on grounds of insanity.
9 experts claimed he was insane.
R v Stables
Luke stables found not guilty of killing his mother and wounding his brother.
Found mental illness and in fact couldn’t have known what he was doing was bad.
Suffered from neurofibromatosis, he had temporal lobe epilsepy and suffered seizures.
-MENTAL ILLNESS DEFENCE
NSW Legislation on mental illness.
Mental Health (forensic provisions) act 1990
Jessica Silva - Self Defence
Victim in violent relationship.
She ended up stabbing her partner due to this abuse.
James was manipulative.
Threatened to hurt Jessica if she went to police.
Jessica left James, James went insane and started taking steroids and ice.
found not guilty
-SELF DEFENCE
Zecevic case (1987)
Victorian case.
Zecevic had an argument with his neighbour and broke into the neighbours house. The neighbour then attacked Zecevic and threatened to kill Zecevic with a gun.
Zecevic was stabbed and fled to his house in order to arm himself with a gun.
Zecevic saw the neighbour approach his house and shot him
Zecevic was convicted of murder, as he the trial judge disallowed to use the defence of self defence.
Retrial was ordered to the high court
Produced a new formulation of self defence
Entitled to an acquittal
SELF DEFENCE
Test for self defence
It is whether the accused believed upon reasonable grounds that it was necessary is self-defence to do what he did. If he had that belief and there were reasonable grounds for it… then he is entitled to an acquittal.
What grounds is self-defence necessary conduct?
- Section 418 of the Crimes Act 1900.
- A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
- To defend himself or herself or another person, or
- To protect property from unlawful taking, destructions, damage or interference.
Problems for self defence
Need for significant evidence to prove beyond reasonable grounds the need for self defence.
What are the reasonable grounds to kill someone?
Perspective
Provocation
Defence were the defendant claims that their actions were a direct result of another persons actions, which caused them to lose control of their own actions.
Partial defence - (Murder to manslaughter)
4 problems surrounding Sydney seige
Bail, Coroners, Police handling, Terrorism.
BWS
Battered women syndrome. A certain of pattern of violence psychological abuse which leads to consequences which often lead to the partner who was subjected to the violence and up killing their partner.
Used in Murder or assualt
BWS STAGES
- Tension building
- Battering stage - most violent stage
- A period of loving contrition, then this repeats
Deidre Case - Double Jeopardy
- Cradle snatched a baby
- Double Jeopardy stops someone from being retrialed and in this case he couldn’t be convicted and even after the proof of further forensic evidence
- caused a reform
- Now double jeopardy cannot be used if there is compelling new evidence
Graeme Thorne
- Kidnapped on walk to school
- Leslie Bradley
- Forensic evidence: Plants, cars etc.
- Good use of forensic evidence
Farah Jama
- Convicted to 6 years for raping a 40 year old
- Bad use of forensic evidence: ONLY evidence
- DNA sample was contaminated with Farah Jama from another case.
Singh case
- PROVOCATION
- Convicted of manslaughter
- Killed Gf because she “threatened to leave”
- Caused reform
- No longer can relationship or sexual advances be used as an excuse for murder.
R v Kina
- BWS
- Killed husband
- Sentenced to life, appealed and released
- He threatened to rape younger cousin
- History of abuse
- She didn’t talk up in court so she was convicted as she couldn’t tell her story.
Waring Case
- Contamination of DNA as he didnt take his clothe off in general police car
- Was contaminated DNA
- had the girls number in his phone
