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17 Cards in this Set
- Front
- Back
Thomas Kelly |
- One punch and was killed - Helped push one punch laws - Killer only got 4 years - Normally attracts 20 years - Killer assualted 4 other people |
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Daniel Christie |
- victim on a one punch attack - Killer was sentenced to 10 years in gaol under manslaughter which was unusual as it had all the attributes to be a murder. |
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McConnel vs R 1997 |
- Three men had beaten, stabbed and kicked a man and threw him in the river. - The man drowned in the river so the men claimed theye didn't have the mens rea as they already thought he was dead. - the judge argued it didn't matter how the man died he still died as a result of the attackers |
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Blave vs R 1975 |
- Blave stabbed a young women 4 times. - the man intended to stab her which resulted in her death which is the causation. - the woman had the chance to be saved by a doctor but denied due to religious beliefs. - Can be manslaughter or murder. |
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Hyam vs R 1974 |
- A woman set fire to a house where 2 girls died. - she wanted to set the fire to scare the occupants into leaving - was reckless and she knew of the consequences. |
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R vs Perry |
- Sarah perry was a 18yr old p plater - was drunk and fell asleep at the wheel hit a car on the other sid of the road - Severely injured the man who spent 79 days in hospital. - She received 32hrs community service each month and a 2 year suspeneded sentence. - was fair as the victim didn't want gaol time for her an dshe had sincere remorse and was unlikely to reoffend. |
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R vs GDP |
- GDP comitted serious crime, damaging $500,000 - was young and respected by teachers - Originally given 12 months gaol - Overturned and substituted for 12 months probation as he was completing HSC. |
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Charles Taylor vs ICC |
- a warlord who became president of liberia - he financed groups who were comitting serious crimes. - Charged with the crimes the groups committed even though he didn't do them. - Possible accessory before the fact but still received 50 years. |
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Extradition of Jayant Patel |
- charged in qld for 3 accounts of manslaughter and 8 accounts of fraud. - he went to USA - the extradition treaty between US and Aus came into play and he was sent back to face the charges. |
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first 5 years of ICC |
- opened investigations into 4 countries - issued 12 warrants - cost millions of dollars |
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Corey Davis - Young Offenders |
- Corey was a 6yr old boy when he was thrown into the macquarie river by a 10 year old boy - The boy didn't show remorse - it was proven he had a mental age of an 8 year old and was found not guily of manslaughter. |
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R v Jurisic - appeals |
- Jurisic pleaded guilty to three charges of dangerous driving causing bodily harm. - Each charge carried 7 years gaol - he received 18 months of home dentention. - this was appealed - he received two years in goal and disquaified licence for two years. |
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Chayna v The Queen - Partial defences |
- killed her two daughters and her sister in-law. - she was found guilty even though she had possible mental illnesses - This was appealed and then she was handed mansluaghter as only 1 in 7 doctors said she wasn't mantally ill. |
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The Queen v Damian Karl sebo - Partial defence |
- admitted to killing his 16yr old girl friends. - he claimed she provoked him as she was bragging about cheating on him - he was sentenced to manslaugter instead of murder as they believed she provoked him. - he received 10 years imprisonment this was appealed but rejected. |
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R v George Palazoff |
- convicted of possessing indian marijuana - he claimed he was under duress as anoher man threatened his family is he didn't grow the drugs. - The jury found him guilty but he appealed. - The appeal was upheld and a new trial was ordered. |
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Dietrich v The Queen |
- charged with several drug offences but was refused leagl aid unless he pleaded guilty. - He defended himself and in the end was found guilty - appealed to high court although never went ahead as he had no legal representation. - the right to Legal representation is only for serious crimes. |
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Detention of Mohamed Haneef |
- charged for failed terroist attacks. Indian citizen - was detained by police for 12 days without charge. - eventually was charged but then they were dropped - missed nirth of his child - flew home and never returned even though he was working here. |