The Law in Practise Flashcards

1
Q

what is a one punch kit?

A

King or Coward Punch) is a blow made with a closed fist, usually made without warning so that the recipient has no time to prepare or defend themselves.

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2
Q

what did ‘Time to Curb the Alcohol Culture’ SMH 2014 state?

A
  • Newcastle model officially closes 3am closing for all venues that serve alcohol
    • These venues must not admit new patrons after 1am
    • The sale of high alcohol content drinks ceases from 10pm
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3
Q

which two events sparked debate?

A
  • Daniel christie
  • Thomas Kelly
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4
Q

outline the events that happened to Thomas Kelly (more important):

A
  • 7th July 2012, 18 year old
    • Out at Kings Cross with girlfriend around 10pm
    • Thomas was on phone
    • A man who had been standing by the Mercure Hotel suddenly walked two to three steps towards them and punched him in the head
    • The punch knocked Thomas to the ground and he hit his head on the pavement causing him to sustain a severe skull fracture and brain injuries
    • Thomas was taken to the hospital and was placed on life support but died two days later
    • The man responsible, 19 year old Kieran Loveridge, was severely affected by alcohol and had already randomly attacked another man either that night
  • After Loveridge assaulted Kelly, Loveridge ran off and violently attacked three other strangers
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5
Q

what did both cases to to the NSW gov?

A

Both the cases caused a public outcry and placed pressure on the NSW government to introduce tougher penalties regarding alcohol fuelled violence, particularly as these TWO cases were not isolated incidents.

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6
Q

what is the whole government approach

A
  • First Phase – An audit conducted by Liquor and Gaming NSW began
  • Second Phase – Restrictions for licensed Venues
  • Third Phase – the ‘Clean up the Cross’ Campaign
  • Fourth Phase
  • Operation Rushmore
  • Transport
  • People and places
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7
Q

what was the first phase?

A
  • An audit conducted by Liquor and Gaming NSW (aka NSW Office of Liquor, Gaming and Racing).
  • Began on 18 July 2012 and started scrutinising of the Responsible Service of Alcohol Registers of all 58 late night trading venues in Kings Cross.
  • These registers were compared with the crime registers of the Kings Cross police and with the NSW Bureau of Crime Statistics and Research data to ensure that licenced venues were fully reporting crimes.
  • This was all carried out with wide media coverage, ensuring that Kings Cross remained under the spotlight.
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8
Q

what was the second phase?

A
  • The introduction of restrictions for licensed venues in Kings Cross
  • On the 15th August 2012 in parliament, the premier led a formal tribute to Thomas Kelly and then announced a raft of restrictions that would be placed on licensed venues in the Kings Cross precinct.
  • These restrictions limited the amount and type of alcohol that would be sold after midnight on Friday and Saturday nights, and introduced and a new condition that all entries and exits of venues operating after midnight have CCTV cameras.
  • Three alcohol education campaigns were also announced.
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9
Q

what was the third phase?

A

On 18th September 2012, Premier Barry O’Farrell launched the campaign, which increased public transport, increased the number of police officers patrolling Kings Cross on Friday and Saturday nights, and introduced liquor licensing reforms.

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10
Q

what was the fourth phase?

A
  • Covered from September 2012 to Oct 2012
  • Several key pieces of legislation were passed
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11
Q

what is operation rushmore?

A
  • Targeting alcohol related crime and anti-social behaviour in the Kings Cross area in the lead up to summer (2012)
  • The first ‘blitz’ occurred at the end of Sept 2012
  • This involved police using drug detection dogs (w/o requiring a warrant) in the Kings Cross area and on the train lines in the city
  • This measure was enacted into law with the Law Enforcement (Powers and Responsibilities) Amendment (Kings Cross and Railways Drug Detection) Act 2012 (NSW)
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12
Q

how was transport changed in the kings cross area?

A
  • The NSW Government made changes to public transport in the Kings Cross area
  • These changes involved improving the Kings Cross taxi rank to provide better safety for drivers and passengers
  • As well as a pre-paid taxi service was trialled and late night bus services were extended
  • The legislation that covered these changes was the Passenger Transport Amendment (Kings Cross Taxi Fare Prepayment) Regulation 2012 (NSW) which amended the Passenger Transport Regulation 2007 (NSW)
  • The federal government provided $200,000 to the city of Sydney (the council area that covered Kings Cross) to make the main Baywater Road taxi rank safer by installing CCTV cameras and improving the lighting
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13
Q

how was people and places affected by this?

A
  • Every Friday and Saturday night, a police officer was stationed in the CCTV control room.
  • A coordinated education and public information campaign about risky drinking was carried out and, at the same time, Kings Cross was promoted through such events as the Kings Cross Festival to encourage a greater variety of people to visit
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14
Q

what were the changes made under the Liquor Amendment Act 2014 (NSW)

A
  • 1:30am lockout at hotels, registered clubs, nightclubs and karaoke bars in the areas of Sydney’ CBD and Kings Cross
  • This meant that if you were not on these premises at 1:30am, you were not allowed to enter
  • There would be no alcohol served after 3am
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15
Q

what was the impact of the rights of businesses?

A
  • Some business owners were unhappy about the lockout laws as this new legislation limited their ability to run their business at a profit
  • Patrons were unhappy about not being allowed to be responsible for their own actions
  • Other people were concerned that the lockout laws would result in the loss of late night music venues
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16
Q

R v Loveridge initial sentencing and after reform

A

6 yrs after reform 8 yrs

17
Q

what was the new legistlation?

A

The Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW)

18
Q

R v Loveridge New Sentence on Appeal

A

13 yrs and 8 months

19
Q

How mandatory minimums helped drive mass incarceration:

A
  • Mass incarcerations is a problem with mandatory sentencing
    • Increasing prison population - spending more government funding towards prisons
    • Funding could be used to stop crime (rehabilitation programs) instead of punishing crimes
  • Mandatory sentencing mainly affects ethnic minorly groups
20
Q

assault causing death acts

A
  • Assault causing death, is defined in ss25A and 25B of the Crimes Act 1900 (NSW).
    The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the Crimes (sentencing Procedure) Act 1999 (NSW) were amended to provide for alcohol and drug testing in relation to the offence.
21
Q

support for mandatory sentencing

A
  1. Consistency in Sentencing
    1. Crime Reduction by Imprisonment
    2. Deterrence
    3. Internal Perspective
22
Q

objections to mandatory sentencing

A
  1. separation of powers
  2. judicial powers
  3. rehabilitation
23
Q

non legal responses to one punch

A
  1. face doctor
  2. Thomas Kelly Youth Foundation (Stay Kind)
  3. Media