not on exam

Question 1

drug offences - use

Answer 1

it is a criminal offence to use a drug of dependence
- smoke, inhale or introduce into the body
- summary offence
- cannabis = 5 penalty units
- other = 30 penalty units/1 yr prison

Question 2

drug offences - possession

Answer 2

• most common offence
• physical control/custody of the drug
• prosecution must prove that the accused knew of the presence of the drug and intended to posess the drug
• posession in a small quantity (cannabis) + not related to trafficking = given a warning

Question 3

drug offences - trafficking

Answer 3

• preparing and manufacturing an illegal drug
• agreeing to sell an illegal drug
• offering drugs for sale
• selling an illegal drug
• posession of a large quantity
  non commercial = 15 yrs/1800 units
  under 18= 20 yrs/2400 untis
  commercial = 25 yrs/3000 units

Question 4

drug offences - cultivation

Answer 4

• cultivation of a narcotic plant
• sowing, planting, growing, tending to, nurturing or harvesting the plant
• if X related to trafficking -> 120 units/1 yr

Question 5

domestic violence

Answer 5

a situation where a person experiences abuse at the hands of a partner/ex partner (victim usually woman, accused usually man)

Question 6

forms of domestic violence

Answer 6

verbal abuse= threats, put downs etc
physical violence= punching kicking
sexual abuse= forced or unwanted sex
economic abuse= denying oppurtunity to access/earn money
social abuse= deigrating partner in public etc
psychological abuse = undermining partners self confidence, galighting etc

Question 7

cycle of violence

Answer 7

• violence may not happen all the time
• partners may be sorry after violent episode
• both parties may feel guilty/blame themselves
• abuse may continue or escalate

Question 8

statistics

Answer 8

• 1 in 4 women have experiences violemce by an intimate partner
• in victoria, 75% of victims of family violence incidents were female, 77$ of perpertrators being male

Question 9

action against domestic violence - intervention orders

Answer 9

• legally enforcable document that aims to provide a person, their children and their property with protection
• has conditions to stop family violence
• law may require respondent to stop behaviour or stay away

Question 10

action against domestic violence - criminal proceedings

Answer 10

• victims can make a report ti police
• perpetrators can be charged, a sanction imposed if they are found guilty
• difficulties: offence must be proven, no ongoing protection, giving evidence is traumatic, could lead to further violence
• strengths: remove perpetrator from situation, support by police, perp in jail, taking responsibility

Question 11

action against domestic violence - civil court proceedings

Answer 11

• victim can sue for assault and battery, claiming compensation for pain and suffering
• monetary reward = restore victim to their original state
• difficulties: costs and delays, likely to aggravate situation, may not recieve rewards
• strengths: prevent perp from reoffending, monetary award

Question 12

action against domestic violence - injunctions

Answer 12

• family court and federal circuit court can issue an injunction under the Family law reform act 1996 (Cth)
• will stop the perp assaulting/harassing another and entering premises
• can be heard quickly
• only available to married/divorced/defacto couples
• target different things

Question 13

Child abuse definition

Answer 13

an act by parents or caregivers which endangers a child or young person’s physical or emotional health or development
- comes under the Children, Youth and Families Act 2005 (Vic)

Question 14

child abuse - definitions

Answer 14

-physical abuse- injured through violence
-neglect - child not adequately looked after for long periods of time or abandoned
- sexual abuse - person uses authority, forcefully or not, to get the child to participate in sexual activities for an older individuals pleasure
- emotional abuse - repeatedly subjecting child to threats, deprival of love, humiliated over long times

Question 15

causes/effects of child abuse

Answer 15

causes
- individual personalities
- social, economic or envioronmental situations

effects
- long term psych impact on child + society
- child more likely to be aggressive and self destructive
- ^ crime, demands on society and social services

Question 16

statistics of child abuse

Answer 16

• boys are more at risk than girls
• most abuses are male, most victims are female
• emotional abuse is most commonly reported
• 2.5 mill adults report being abused physically/sexually as a child
• disparity between indigenous and non indigenous children

Question 17

nuisance aim

Answer 17

nuisance deals with the violation of a persons right to reasonable convenient and comfort in life

Question 18

private nuisance

Answer 18

when an act or omission substantially and unreasonably interferes with a persons use and enjoyment of their own land

Question 19

public nuisance

Answer 19

when an act or omission interferes with the comfort or convenience of a number or people

Question 20

tort of nuisance protects rights to:

Answer 20

• enjoy ones own land, others cannot interfere w/access/enjoyment
• freedom of movement
• seek an appropriate remedy from courts when nuisance occurs

Question 21

elements of nuisance

Answer 21

• plaintiff has a property right in or over the land
• interference with the plaintiffs use and enjoyment of the land
• plaintiff has suffered damage

Question 22

elements of nuisance - plaintiff has property right

Answer 22

plaintiff must have an interest in the land, usually as the owner or tenant

Question 23

elements of nuisance - interference w/ plaintiffs use and enjoyment of land

Answer 23

• defendant interfered with the use and enjoyment of the land
• can include dust, vibration, noise, water, or objects
• in assessing ‘reasonableness’, a number of aspects considered including nature, time, ordinary use

Question 24

elements of nuisance - plaintiff suffered damge

Answer 24

• damage which had a negative impact on ones life has been suffered
• damage ran be material or non-material in nature

Question 25

nuisance - sources of law

Answer 25

- developed through common law - based on protecting against the development of land - statute law on town planning and the zoning of land has developed

Question 26

nuisance - limitation of actions act 1958 (vic)

Answer 26

- general nuisance claims - 6 years from date of action - injury disease or disorder - 3 years from the date on which the injury was discovered

Question 27

impacts of nuisance - plaintiff

Answer 27

- effect on mental health - quality of life - costs

Question 28

impacts of nuisance - defendant

Answer 28

- inconvenience - legal proceedings - costs - damages + legal costs - business failures

Question 29

nuisance - defences - statutory authorisation

Answer 29

- legislation passed by parliament allows the conduct which the plaintiff has claimed constitutes nuisances

Question 30

nuisance - defences - consent

Answer 30

plaintiff gave consent to the actions that led to injury or loss

Question 31

nuisance - defences - reasonable use

Answer 31

- plaintiff won't succeed when defendant can establish that their use of the land was reasonable - courts will determine whether a defendants use of property w/ existing standards and expectations for a property of that type in the location

Question 32

trespass to the person - assault

Answer 32

a direct threat by a person that places another in reasonable fear of imminent contact. - elements - direct threat - reasonable fear - knowledge of threat

Question 33

trespass to the person - battery

Answer 33

- a direct act which has effect of causing contrast with another without consent, the contact is usually intentional, although it can reckless or careless - elements - voluntary - direct contact - intention

Question 34

trespass to the person - false imprisonment

Answer 34

- involves the wrongful total restraint of anothers liberty, restraint can be either intentional, reckless or careless, and is distinct from lawful imprisonment - elements - total restraint - confining done by defendant - intentional (or careless/reckless)

Question 35

trespass to goods

Answer 35

direct interference by one person with another persons possession of goods - elements - in possession of goods at the time of interference - act of interference which was intentional - act of interference was a direct act by the defendant

Question 36

trespass to goods - defences

Answer 36

- plaintiff not in possession of goods at the time of alleged trespass - act of interference was unintentional - act of interference was not a direct act by the defendant (basically lack of elements)

Question 37

trespass to land

Answer 37

direct interference without lawful justification with another persons possession of land, which includes houses, shops, gardens and paths - elements - direct physical interference with a persons exclusive possession of there land - interference is usually voluntary and intentional, but can be reckless or careless land includes everything under the land and over it