Hi!
When does a case that is appealed go to the Court of Criminal Appeal or the next court with appellate jurisdiction? I'm a bit confused when thinking about this.
Hey Vinny, I'm sorry I'm just a little unclear on your question! Do you mean, what dictates whether the case goes to the CCA or the next court with appellate jurisdiction? Like, how do they decide which court it goes to? Or, what is the process of appeal?
Sorry! Let me know and I'll try my best to answer
Hey Elyse, i have my legal half yearly coming up and i got the question for my crime extended response: "To what extent has criminal law reform been effective in achieving justice?". It is worth 15 marks and i am aiming to get a mark in the A range. I was just wondering if you had any advice on what to include and how to strucutre it, e.g how many different examples of law reform i should include. Thanks heaps
Hey angel!
I'll give you some examples of law reform that comes to mind:
-Toonen and Croome cases (really good! Lots of info on this!)
-R V Bilal Skaf case triggered law reform on aggravated sexual assault in company
-Mandatory sentencing for police officers
-Mandatory sentencing for one punch attacks (you could argue this quite easily to be ineffective law reform, whereas the others are more effective law reform, just because there's so much debate for you to play devil's advocate).
If there are specific statistics available for any of these (has it decreased crime, for example), then I'd tie them in. But something like the Skaf reform was about addressing an area of the law that lacked, rather than hoping to decrease the crime. It was about making the crime legislated to be punishable to the extent it needs to be. I'd be focusing perhaps on one specific law reform per paragraph, (or if it stills into two paragraphs no biggy) and then make sure you're using themes and challenges in there and talk about WHO it is effective for - the victim? the suspect? society? Who benefits from law reform and who doesn't?