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Legal Studies
11 cards·by marissakat
Criminal Code s315A
choking, suffocating, strangulation (in a domestic situation). Penalty of 7 years
imprisonment. Family Violence Protection Act 2012
International Conventions
International Covenant on Civil and Political Rights (ICCPR) and the Universal Declaration
of Human Rights (UDHR) - in accordance with UN
Right to Privacy
Privacy Act 1998 (Human Right) regulates the way the government collects, stores and
discloses personal information
Equality before the Law
Judiciary must treat all parties fairly, regardless of gender, ethnicity, socio-economic
background, beliefs, sexuality, disability, age etc
Right to Life
Article 6 of ICCPR - every human has the right to life
Presumption of Innocence
The principal that one is considered innocent unless/until proven guilty
Presumption Against Bail
s19 - Accused has to prove why they're innocent (rather than having a representative persuade
the jury)
Rule of Law (3 Principals)
1. No one is above the law. 2. Formal legal process. 3. Democracy with formal legal process.
Bail Act 1980 (s19)
Refusal of Bail. (a) failure to appear and surrender to custody. (b) commits an offence or
endangers the safety of other whilst on bail.
Penalties and Sentencing Act s19 (10a)
Governing Principles - (a) a court must not have regard to an offender levy imposed under 179c
Imposition of Offender Levy (179c)
fee payable by offender