UNIT 1: Legal Studies | Assignment Joash G
Indictable offence vs Summary offence: Indictable offences are more serious offences that cannot be heard without the presence of the accused in court. Summary offences are less serious offences that can be heard by a magistrate sitting alone, rather than a judge and jury. This type of offence can be heard without the accused person present at the court.
Twenty men were arrested in the raids targeting online child abuse material, and 13 were charged with offences including possessing child exploitation material, transmitting child exploitation material and drug offences.
Mens rea: In the article it is noted that the offensive exploitations were used for ‘grooming’ and ‘seducing’. "These are not simply online choices made for sexual gratification — they are abhorrent crimes against children, the most vulnerable people in our community." – Deputy Commissioner Patton
They police seized computers, tablets, mobile phones, child sex dolls, illegal fireworks, a samurai sword and illicit drugs during the searches.
Offence type: Indictable offence Drug offence: the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Online child abuse material: Material that shows or describes child sexual abuse or other offences against children is illegal under Australian laws Charge: a formal accusation (legal proceeding). Illegal weapon possession: Criminal possession of a weapon is the unlawful possession of a weapon by an individual.
Court heard in: Melbourne Magistrates Court
http://www.abc.net.au/news/2018-04-04/child-abuse-material-online-twenty-victorian-men-arrested/9616522
Article 1
http://www.abc.net.au/news/2018-03-29/man-killed-wife-over-desire-to-join-islamic-state-sentence/9600134
A Melbourne man who brutally murdered and mutilated his wife in front of their three young children has been sentenced to life in prison.
The man will be eligible for parole in 30 years.
Mens rea: The man whom brutally murdered his wife in front of their children undeniably had a stable mental state when making the decision to do so. His wife did not comply with his decision (regarding the joining of Islamic State), thus he responded in vehemence. It is clear that he was mindful of his actions and intended what was resulted. The court had previously heard that the man had extremist Islamic beliefs, and also consumed the drug ice.
Offence type: Indictable offence Homicide: the killing of one person by another. Parole: a temporary or permanent release of a prisoner who agrees to certain conditions before the completion of the maximum sentence period. Life imprisonment: is any sentence...
