Analysis and Application of Criminal Law Procedure and Penalties Case Study

Assignment Task

Task

The purpose of this task is for you to investigate, evaluate and apply criminal law procedure and penalties to a case study.

This assessment is Task 1, of 3 Assessment tasks in this course. To pass this course you must have a total grade of not less than 50%.
Warning:

This course, 'Criminal Law', contains content that some students may find distressing. The learning outcomes for this course include certain offences that include material concerning violent crime, including assault and homicide. This assessment task includes material concerning violent crime, including serious assault.

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Question 1

Prepare a professionally presented typed internal memorandum to your supervising solicitor using the internal memorandum template accessed at this link:- LAW5722 Criminal Law Assessment Task 1 Internal Memorandum Template-5.pdf

The internal memorandum must include:

• A very brief introduction explaining the purpose of the memorandum and the matter it relates to, including; the client's name, the type of hearing, the hearing date and the court, as well as the Judge's and Barristers' names, and your role at the hearing.
• A very brief summary of the facts in the case (the facts that gave rise to the offence) and the specific charges.
• A succinct summary of what occurred in court, including the full sentence imposed on Gary Nawalu (including additional orders made by the Judge)

Question 2

Research and explain the procedural steps that would probably have taken place in this case from the pre-charging stage up to and including the sentencing hearing. (Hint - make sure you combine your knowledge of the steps involved in a criminal matter generally with the information provided by His Honour Judge Carmody about specific procedural steps that occurred in this particular case.)

Question 3

Briefly identify:

1. the range of sentencing options available to a court (a Judge) (Hint - see s7 Sentencing Act),

2. the Common Law sentencing principles,

3. the purposes for which a sentence can be imposed (Hint - see s5(1) Sentencing Act), and

4. the factors a court (a Judge) must take into account in sentencing an offender (Hint - see s5(2) Sentencing Act)

Question 3(b)

Specifically identify which principles, purposes and factors discussed in your answer above (Q3(a)), were referred to by the Judge in DPP v Nawalu, and explain how the principle/s and factor/s were taken into account by the Judge. (in your answer you must identify the specific comments made by the Judge that demonstrate the Judge took into account specific principles, purposes and factors.)

Question 4

Explain the definition of a 'crime' and identify the three (3) theoretical aims of criminal law.
Reflect upon the case of DPP v Nawalu and explain how this definition and aims are illustrated by the case.

Criteria

Procedure and Penalties Case Study Assignment

• Research and explain the procedural steps that would probably have taken place in this case from the pre-charging stage up to and including the sentencing hearing.
• Explain the range of sentencing options available generally to a court and the sentencing principles, sentencing purposes and the factors a judge takes into account in sentencing an offender.
• Identify and discuss the sentencing principles, purposes and factors taken into account by the judge in the case.
• Discuss the definition of crime and explain the purpose of criminal law (i.e. the aims of criminal law and the aims of punishment) and reflect upon this in the context of the case.
  Refer to the assessment rubric in Canvas below for grading.
  and Study

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