是否有针对HSC法律研究的可能犯罪案件的注释页和页面？

At times, it can be a bit overwhelming to choose from数百个of cases on the same topic.

Luckily for you, we have cut it down to the very best Crime cases for HSC Legal Studies to help you bring home that Band 6!

Crime Cases for HSC Legal Studies

Criminal Investigation Process

Topic	Case
沉默的权利	Bikies busted under right-to-silence laws (2013)– Can also use this to talk about interrogation and the rights of suspects Legal issue to explore:Infringement of right to silence has proved to be ineffective as a means of achieving justice
警察权力：泰瑟恐怖主义	Tasers: Roberto Curti (2010)- 警方无效地使用Tasers；柯蒂（Curti）tas tas 14次；“reckless and excessive”(Coroner Mary Jerram) Man arrested in Sydney sword-off (2014)- 有效利用Tasers保护暴力侵害社区 Legal issue to explore:是按照2012年申诉专员报告使用的泰瑟犬吗？还是警察滥用和滥用其权力？将其链接到第18节2002年执法（权力和责任）法（NSW），，，，which outlines the appropriate use of force by police Terrorism: 帕拉马塔射击of Curtis Cheng by Farah Jabar (2015)– Can also use this case to talk about Detention
Reporting Crime	Ashlee Savins Case (2015)家庭暴力(DV)最初面临一个受害者“passive dismissive police attitude”;仅通过媒体的抗议消除 Legal issue to explore:由于受害者对刑事司法系统失去信心，警方对DV的调查不足会造成不公开的问题。值得报告犯罪吗？
Investigating Crime: Gathering Evidence	R v Wood (2012)– Ineffective use of police discretion where police failures at the crime scene resulted in an unfair trial that led to Wood’s acquittal of murdering his girlfriend Caroline Byrne R v Gittany (2014)– Effective gathering of evidence and use of technology. Successful prosecution of the murderer of Lisa Harnum in where police collected evidence including text messages, CCTV footage and eyewitness statements under theEvidence Act 1995 (NSW) Legal issue to explore:Inconsistencies in the collection of evidence due to police discretion
调查犯罪：技术使用 - DNA样品	R V Crowe（2016）– Effective; Cold Case Justice Project was able to identify the offender from DNA left at 5 different crime scenes, ultimately securing a conviction R v Anderson (2015)– Miscarriages of justice have been demonstrated by the major trial setback in where the jury was provided with evidence of misleading DNA samples Farah Jama Case（2008）– Jury found Jama guilty of raping a woman in 2006 solely on the basis of DNA evidence. Although this case happened in Victoria, such a“substantial miscarriage of justice”such as this could also happen in NSW (prosecutor Brett Sonnet). The Jama case has been described“对司法系统的污渍”(opposition police spokesman Peter Ryan) Legal issue to explore:how effective, really, are DNA samples?
Bail	凶手根据新法律（2014年）授予保释金- 涉嫌凶手斯蒂芬·芬斯（Stephen Fesus）和马哈茂德·霍（Mahmoud Hawi）在改革下获得了保释，表明条件如何减轻社区的任何风险 R v Hawi (2014)– Accused was released on bail whilst being charged with murder. However, this immediately received heavy criticism due to its leniency towards the accused and the risk this posed to society Man Monis（2014） Legal issue to explore:Since the eruption of public outcry in 2014 due to Hawi and Man Monis, harsher bail conditions have been introduced for more than 900 offences. Although this protects the right of the community to feel safe, the adult prison population grew by 9% in 2015–2016 (ABS 2016). This raises the question of the rights of the accused in this process

Criminal Trial Process

Topic	Case
Legal Personnel: Director of Public Prosecutions (DPP)	Lynette Daley’s death in 2011(ABC April 2016)- 虽然DPP对犯罪性质和犯罪类型的考虑通常在使罪犯进行审判方面有效，但由于未能起诉Attwater和Maris，DPP最近面临着严重的批评
Charge Negotiation	R v Koch (2009)– Attempted murder was downgraded to grievous bodily harm as a result of charge negotiation Legal issue to explore:The legal system may struggle to balance a fair conviction with wider community standards due to variegated moral and ethical standards held across society
Legal Representation and Legal Aid	Dietrich v The Queen (1992)– Set the precedent for the limited right to legal representation in Australia. (This is also a useful case for Human Rights) Legal issue to explore:How can self-representation often result in unjust outcomes?
防御	Insanity and Mental Illness Daniel Dunn case (2012)- 南澳大利亚最高法院发现被告“谋杀的精神无能”。这引发了整个澳大利亚的担忧，尤其是新南威尔士州，需要更新法律。因此，这是符合社区标准的法律改革的催化剂 NSW Law Reform Commission recommended the M’Naughten test be updated to be in line with modern research (NSW Courts, 2015) – need for law reform to reflect changing values within the community Darcey Freeman (2015)– Defence of insanity is not always a secure acquittal. This is highlighted by the fact that Freeman was sentenced to life imprisonment after throwing his 4-year-old daughter off Westgate Bridge, Melbourne in 2009 (ABC, 2015). A tough stance was maintained across Australia to ensure effective achievement of justice R v Farrow (2014)– Farrow accused of murdering his ice-dealer, the judge rules that despite Farrow bring under psychosis when performing the act, he was still aware that the ‘acts were wrong’ and hence was charged with murder Legal issue to explore:Was law reform effective in meeting the standards of the community? 挑衅 R v Singh (2012)– Downgraded a murder charge on the ground of provocation Legal issue to explore:这提出了道德和道德价值观的问题，因为受害者没有达到正义。通过提供借口来证明犯罪行为的合理性，正义的有效性可能会受到巨大限制。这引发了社会的广泛辩论。挑衅被认为是合理的，可以说是在人际关系中滥用，可以说限制了其通过为虐待伴侣提供漏洞来实现正义的有效性 Self-defence Zecevic case (1987)– Led the High Court of Australia to decide that the defendant must be proven beyond reasonable doubt that self-defence was necessary
Role of Juries	R V Rogerson和R V McNamara（2016）- 由于潜在的偏见，陪审员在2天后被解雇（ABC 2016年5月）。这表明缺乏时间和资源效率低下，因为每年花费9200万美元用于陪审团（ABS） Further fine inefficiencies were highlighted in theRobert Xie case,where the verdict of the Lin family murders took over 9 months to secure. It was resource inefficient, costing $7.8 million per year to administer jurors (BOCSAR) Legal issue to explore:Resource efficiency vs. effectiveness of juries in achieving just outcomes
Judge Alone Trials	R v Gittany (2014)– Presents an attempt to mitigate juror bias. The judge was able to deliver a guilty verdict whilst providing reasons for his decision, effectively representing societal values Legal issue to explore:In a society where trial by one’s peers in the form of a jury trial is a constitutional right and regarded as sacrosanct in each of our state and territory jurisdictions, the Gittany case raises a question whether or not trial by jury should be abolished or at least be the exception rather than the rule. While judge-only trials are more resource efficient, and can mitigate unfair juror bias in high-publicity trials, there is always the possibility that they can facilitate an unjust outcome

Sentencing and Punishment

Topic	Case
法定和司法准则以及司法酌处权	R v Silva (2015)– Effective as it reduced manslaughter sentence to 18 months of imprisonment. This was effective in achieving justice for the offender “The offender is unlikely to reoffend and has good prospects of rehabilitation”（法官克利夫顿·霍本） Legal issue to explore:the lack of certainty and consistency in sentencing fails to achieve justice for victims and the wider community. However, judicial discretion is nevertheless fundamentally important as a protection against political and media pressures (NSW Courts, 2016)
强制判决：一击死亡	Catalysed by the deaths ofDaniel Christie (2013)andThomas Kelly (2012)by Shaun McNeil and Kieran Loveridge, respectively Both cases involve the death of victim as a result of an intoxicated, single strike attack Legal issue to explore:强制性量刑消除了法官的酌处权。这一定是一件好事吗？
受害者影响陈述（VIS）	R v Loveridge (2014)– The original sentence reflected the need for retribution to ensure a just outcome for the victim. The judge also considered aggravating factors, for example: violent nature of the crime. He also considered mitigating factors, such as the offender’s disadvantaged background and his remorse However, on appeal, the sentence was doubled to a non-parole period of 10 years. This has been described as “trial by media”（Thomas Kelly Death 2012） Legal issue to explore:以上案件强调了围绕受害者影响陈述的争议，因为法律制度必须试图在对受害者的影响方面进行平衡，并为被告的结果做出正当的结果
罚款类型：缓刑	R v Bui (2008)– Effective penalty communicated, where the offender was given a suspended sentence because she had 4 young children to care for However, the reintroduction of suspended sentences have resulted in the exponential increase in prison populations Legal issue to explore:Due to the increase in prison populations, it is clear that magistrates are abusing the“最后一招”选择。暂停句子是过度使用尽管having little impact on recidivism and have been declared a“serious failure”
判决后：持续拘留和扩展监督令	Terry Williamson case– Serial rapist whose Extended Supervision Order was extended for another 5 years. This demonstrates how the law responds to community pressures for incapacitation, as Williamson is extensively monitored, has to take anti-libidinal medication and must report to police to leave a restricted area or begin any new relationships “命令是新南威尔士州最高法院批准的，允许新南威尔士州纠正措施迫使罪犯遵守最严格的条件”(Emma Partridge, court reporter SMH July 2015) Basikbasik case (2015)– Australian Human Rights Council found that the 7-year continued detention of the offender in the Villawood Detention Centre a breach of the ICCPR (Gillian Triggs, SMH January 2015) Legal issue to explore:While they can protect the community, Extended Supervision Orders have been criticised by NSW Council for Civil Liberties as“grossly unfair”，，，，as they violate individual rights and freedoms. There seems to be a difficulty in balancing community interests and the rights of the offender
判刑后：保护性监护权	Protective custody was implemented in order to protect prisoners at risk of harm R V Hughes（2015）– Highly publicised case case due to offender being former star of TV series ‘Hey Dad!’ Legal issue to explore:Protective custody is generally effective in protecting inmates from personal harm in jail. It has been reported that protective custody is generally effective in ensuring personal safety. However, other inmates were able “to throw boiling water” at Hughes whilst he was in protective custody at Goulburn Jail (SMH October 2015). Is it really as safe as they make it out to be?

Young offenders

Topic	Case
Age of Criminal Responsibility	根据新南威尔士州普通法，Doli Incapax的可驳斥学说提供了额外的保障，除非有证明是另外证明 在R V LMW（1999）中有效where the Magistrate dismissed the committal hearing as a jury would be“uncomfortable with the concept of trying a 10-year old”for manslaughter in the Supreme Court This reinforces community standards in dealing with young offenders LMW not guilty of manslaughter as they were not satisfied beyond reasonable doubt that LMW understood the consequences of his actions. He was also deemed to have an intellectual age of 8
询问或被捕时儿童的权利	R v Phung and Huynh（2001） - 法官裁定，在采访未成年人时，警察未能遵循正确的程序（由于拒绝了Phung的口译员），损害了审判的公平性，因此不能作为证据。 This upholds the legal principle of natural justice and protects the rights of minors
Penalties for Children	控制订单 - 参考帕拉马塔射击

International crime

Topic	Case
Drug Trafficking	AFP v Antonio di Pietro, Pino Varallo & Frank Molluso- 被告人在2008年被指控贩运商业数量的MDMA。Commonwealth Criminal Code Act，，，，along with 18 others facing similar charges who formed part of an AFP investigation and prosecution named Operation Inca 该行动导致世界上最大的MDMA扣押，2007年6月，海关检测到4.4吨或近1500万药，并导致30人在澳大利亚被起诉，并在比利时被起诉。
International Criminal Court (ICC)	The International Criminal Court (ICC) has shown success in prosecuting two prominent war criminals, thus evidencing the beginnings of an effective mechanism for combatting international crime Prosecutor v Lubanga Dyilo (2012) Prosecutor v Katanga(2014) Legal issue to explore:The ICC is easily paralysed by state sovereignty and yields extremely high costs (over $1 billion USD), probably too high to justify the current progress. It has been argued that the ICC is essentially powerless due to state sovereignty

That rounds off our list of the most important crime cases for HSC legal Studies you’ll ever need!

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Frances Tso2016年毕业于悉尼女子高中，在她的朋友中被称为《疯狂的狗女士》，没有狗。她对全球变化的动态感兴趣，她认为HSC的主要工作不足以消除她对区域互动如何影响政治和文化关系的渴望。因此，她决定在UNSW学习国际研究，主修国际关系。在业余时间，弗朗西斯要么在20次的时间里教小提琴，重新观看朋友的情节，要么完善有关如何成为狗爱好者的艺术。