1. CLASSIFICATION OF CRIMES AND PROOF: 1.1 Structure of Criminal Law in Australia: There is no one set of criminal laws in Australia. Criminal laws at both State and Commonwealth levels operate in parallel with each other. 1.1.1 Commonwealth criminal law: • The Commonwealth can only make laws in relation to those powers it is given under the Constitution‚ therefore‚ any criminal law made by the Commonwealth has to be justified under a power in the Constitution. • The Federal Government does
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Lecture 1 Course Intro and Overview Purpose of Criminal Law 1. Regulate‚ maintain and enforce social conduct 2. Discourage behavior harmful to the society 3. Discourage behavior challenging authority’s legitimacy 4. Aim at enforcing society’s more favorable behavior 5. Use criminal sanctions for punishing offenders 6. Incapacitate offenders from continual harming the society 7. Rehabilitate offenders 8. Re-tribute offenders for the harm done 9. Deter potential/repeating
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Individuals Should Be Prosecuted for Online Statements 20% of youth ages 11-18 have been a victim of cyberbullying and 10% of youth ages 11-18 have been both a victim and offender of cyberbullying. Cyberbullying has become a prevalent issue in modern society. Most children and teens have access to the internet and some form of technology. The ability to access such a large forum of information can cause conflicts between people. Individuals should be prosecuted for statements made online because
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defendant had given no thought at the time to the possibility of there being a risk that the shed and contents would be destroyed‚ and this risk would not have been obvious to her or appreciated by her if she had thought about the matter. The prosecution appealed and it was held that if the risk is one which would have been obvious to a reasonably prudent person‚ once it has also been proved that the particular defendant gave no thought to the possibility of there being such a risk‚ it is not
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Title and Citation Mark Koding v. Public Prosecutor [1982] 2 MLJ 120 Facts On 11 October 1978‚ the Accused‚ Mark Koding‚ a lawyer and member of the Dewan Rakyat made a speech in Parliament which was thought to be seditious. He was subsequently charged with committing an offence under Section 4(1)(b) of the Sedition Act. Issues 1. Whether‚ as a Member of Parliament (MP)‚ the Accused’s right of free speech in Parliament‚ given by sections 3 and 8 of the Houses of Parliament (Privileges and Powers)
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Meaning and applicability In colloquial use‚ anonymity typically refers to the state of an individual’s personal identity‚ or personally identifiable information‚ being publicly unknown. In daily life‚ there is a large number of reasons for anonymity to be used in terms of sharing‚ obtaining and providing information and materials on great variety of themes of local and global scale and significance. Generally‚ as a legal and widely used process of accessing and manipulating diverse online content
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protection act of 1998 and the Freedom of information act 2000. These two acts are both design in the form of purpose to help protect individuals and organisations by giving them guidelines in which they must abide and if there were to fail to do so prosecution may be taken as it can be a criminal offence to breach these acts. Data protection act of 1998 For online companies such as Amazon to work and operate by abiding to data protection Act of 1998 it must be mindful of individuals information and data
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of all aspects of the computer including hard drives‚ networking‚ and encryption. The Computer Forensics Investigator recovers and examines data from computers and other electronic storage devices in order to use the data as evidence in criminal prosecutions. Following data retrieval‚ the Investigator writes up technical reports detailing how the computer evidence was discovered and all of the steps taken during the retrieval process. Patience and willingness to work long hours are qualities that are
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crime. Article 353. Definition of libel. — A libel is public and malicious imputation of a crime‚ or of a vice or defect‚ real or imaginary‚ or any act‚ omission‚ condition‚ status‚ or circumstance tending to cause the dishonor‚ discredit‚ or contempt of a natural or juridical person‚ or to blacken the memory of one who is dead. Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious‚ even if it be true‚ if no good intention and justifiable motive for
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actions of John Brown we can acknowledge that not all of his efforts to secure racial justice were violent. By analyzing Brown’s trial after the attack at Harper’s Ferry‚ and reviewing the testimonies given by hostages we learn that Brown never had malicious intentions. James N. Gilbert’s argument supports the idea that Brown was a terrorist but after properly studying the life and trial of John Brown marking him as a terrorist would be inappropriate. John Brown has been considered a terrorist by
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