Dot points for Crime ER Flashcards
(6 cards)
Bail?
“The Unbelievably Brave Unicorn Made Shimmering Rainbows Extra Impressive”
T - temporary release of an accused before trial, ensures the presumption of innocence (POI) while managing public risk
U - undergone substantial reform to improve both legal clarity and community confidence.
B - Bail Act 2013 (NSW) replaced the Bail Act 1978 (NSW)
U - unacceptable risk test (Div. 2) — bail is granted unless the accused poses an unacceptable risk of fleeing, committing serious offences, endangering safety, or interfering with witnesses (s.4, 19, 20).
M - Monis Lindt Café Siege (2014)
R- ‘show cause’ test (Div. 1A). This reversed the POI for certain serious offences, requiring the accused to prove why detention was unjustified
R - R v Billings (2024), where an accused granted bail later committed domestic violence murder
E - enforce electronic monitoring for domestic violence offenders on bail
I - impact marginalised groups
Charge negotiation?
“Aliens Gossip Eagerly Near Earth’s Craziest Villainous Robot.”
a - accused agrees to plead guilty to a lesser charge or in exchange for a reduced sentence
g - governed by common law and prosecutorial guidelines, such as the NSW DPP Prosecution Guidelines (2007), and acknowledged in s35(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).
e - encouraging early guilty pleas, it reduces the time and cost of trials and helps address court delay
n - NSW government introduced the Early Appropriate Guilty Plea (EAGP) reforms,
e - earlier resolution of matters, easing court backlogs and reducing stress on victims and witnesses
c - Critics argue that innocent people may feel pressured to plead guilty
v - Victims have also raised concerns about being excluded from the negotiation process,
r - R v Loveridge (2013), where the accused received a lesser sentence after a plea deal
Statutory guidlines/mandatory sentencing? (excluding introduction)
“Our Mischievous Parrot Causes Bewildered Reporters, Investigators, and Interns”
o - 2014 “one-punch” law, introduced following public outcry over the death of Thomas Kelly
m - minimum 8-year non-parole period applies for assault causing death when the offender was intoxicated: s25B of the Crimes Act 1900 (NSW)
p - promote general deterrence and deliver justice for victims.
c- criticised for removing judicial discretion even where there are compelling mitigating factors, such as remorse or lack of criminal history.
b- 2018 BOCSAR review found little evidence that the reform had a strong deterrent effect on alcohol-related violence.
r - R v Loveridge (2014), although the original sentence was widely condemned as too lenient, the imposition of mandatory minimums in response created concerns about whether sentencing had become politicised.
i - impact young and marginalised offenders, and there is little flexibility for judges to impose sentences that reflect rehabilitation potential.
i - improved transparency and consistency, and demonstrates the government’s responsiveness to community expectations — a key component of justice for victims. The 2020 introduction of mandatory minimums for offences against emergency services personnel (Crimes Legislation Amendment (Assaults on Frontline Emergency and Health Workers) Act 2020) further illustrates this trend.
mnemonic for bail?
“The Unbelievably Brave Unicorn Made Shimmering Rainbows Extra Impressive”
mnemonic for charge negotiation?
“Aliens Gossip Eagerly Near Earth’s Craziest Villainous Robot.”
mnemonic for mandatory sentencing?
“Our Mischievous Parrot Causes Bewildered Reporters, Investigators, and Interns”
