Crimes Act 1900
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Crimes Act 1900
The ''Crimes Act'' 1900. is a New South Wales statute that sets out the majority of criminal offences for the state of New South Wales in Australia. It, the Commonwealth Crimes Act 1914. and the Commonwealth Criminal Code Act 1995 form the majority of criminal law for New South Wales. As it is the major criminal law statute for New South Wales, it is an extensive legal document which defines an extensive list of offences under New South Wales law. The same original NSW act forms the basis for the ''Crimes Act'' ''1900'' (ACT) which has 444 different sections as of 1 September 2016.. Murder law For a person to be guilty of murder in NSW, the prosecution must prove both ''actus reus'' (literally guilty act) and '' mens rea'' (literally guilty mind). Murder and manslaughter defined. The act must cause the death of a person without lawful excuse - A causes B's death. It was previously a requirement that death occur within a year and a day after the date on which the person rece ...
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Parliament Of New South Wales
The Parliament of New South Wales is a bicameral legislature in the Australian state of New South Wales (NSW), consisting of the New South Wales Legislative Assembly (lower house) and the New South Wales Legislative Council (upper house). Each house is directly elected by the people of New South Wales at elections held approximately every four years. The Parliament derives its authority from the King of Australia, King Charles III, represented by the Governor of New South Wales, who chairs the Executive Council. The parliament shares law making powers with the Australian Federal (or Commonwealth) Parliament. The New South Wales Parliament follows Westminster parliamentary traditions of dress, Green–Red chamber colours and protocols. It is located in Parliament House on Macquarie Street, Sydney. History The Parliament of New South Wales was the first of the Australian colonial legislatures, with its formation in the 1850s. At the time, New South Wales was a British colo ...
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Supreme Court Of Victoria – Court Of Appeal
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New South Wales Legislation
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Bail Act 2013
The ''Bail Act 2013'' is a New South Wales law that came into effect on 20 May 2014. It replaces the ''Bail Act 1978'', which was considered "groundbreaking" when enacted, but has been reformed several times to presume against bail. The new act was created with the aims that it would be easier to understand, would further protect the community and would promote consistent decision-making. The ''Bail Act 2013'' uses an "unacceptable risk" test in regard to whether "the accused will fail to appear in any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence". The ''Bail Act 2013'' passed in the NSW parliament in May 2013. In response to a review, ''Bail Act'' reforms passed parliament in September 2014, and came into effect on 28 January 2015. Review of previous law On 9 June 2011, Premier Barry O'Farrell announced that the NSW Law Reform Commission would review the bail law. I ...
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Crimes Act
{{Use dmy dates, date=April 2022 Crimes Act (with its variations) is a stock short title used for legislation in Australia, New Zealand and the United States, relating to the criminal law (including both substantive and procedural aspects of that law). It tends to be used for Acts which consolidate or codify the whole of the criminal law. The Bill for an Act with this short title may have been known as a Crimes Bill during its passage through Parliament. Crimes Acts may be a generic name either for legislation bearing that short title or for all legislation which relates to the criminal law. List Australia Federal legislation :The Crimes Act 1914 (No.12) :The Crimes Act 1915 (No.6) :The Crimes Act 1926 (No.9) :The Crimes Act 1928 (No.13) :The Crimes Act 1932 (No.30) :The Crimes Act 1941 (No.6) :The Crimes Act 1955 (No.10) :The Crimes Act 1959 (No.11) :The Crimes Act 1960 (No.84) :The Crimes Act 1973 (No.33) :The Crimes Amendment Act 1982 (No.67) :The Crimes Legislati ...
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Death Of Thomas Kelly
Thomas Andreae Kelly (January 6, 1994 – July 9, 2012) was an eighteen-year-old male from Sydney, Australia, who was the victim of a random one-punch assault as he walked down Victoria Street in Kings Cross, on July 7, 2012. Kelly was taken to St. Vincent's Hospital with serious head injuries and remained in intensive care for two days. He never regained consciousness, and died at 7:59pm on July 9, 2012. His attacker, nineteen year old Kieran Loveridge, was charged and convicted of manslaughter in 2014. Kelly's death caused public outrage and received widespread media coverage. The case helped initiate legal reforms to New South Wales drinking laws, which saw the introduction of mandatory sentencing and lockout laws in 2014. These changes have been criticised by legal experts and members of the public, who believe they will not be effective deterrents and may impact Sydney's nightlife economy. Incident On July 7, 2012, Kelly was on a night out with his girlfriend and an ...
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Proclamation
A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations and are usually issued in the name of the head of state. A proclamation is (usually) a non-binding notice. A general distinction is made between official proclamations from states or state organs with a binding character and proclamations from political-social groups or organizations, both of which try to win over the mood of those addressed. In addition, the procedure of proclaiming the beginning of a rule over a certain ruling territory is called a proclamation. For example, on July 26, 1581, the Proclamation of Dutch Independence was signed which led to the creation of the Dutch Republic in 1588, formally recognized in 1648 by the Peace of Münster. The announcement of the intention to marry two people, the bidding, was referred to ...
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Criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal la ...
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Anti-Discrimination Act 1977
The New South Wales Anti-Discrimination Act 1977 is an Act of the NSW Parliament, relating to discrimination in employment, the public education system, delivery of goods and services, and other services such as banking, health care, property and night clubs. The Act prohibits unlawful racial, sexual and other types of discrimination in certain circumstances and promotes equality of opportunity for all people The Act covers the following types of discrimination: * Sex (including breastfeeding, pregnancy and sexual harassment) * Disability (including past, present or future disability and also includes actual or perceived HIV status) * Race (including ethno-religion) * Homosexuality (actual or perceived) * Marital or domestic status * Age (present or future) * Transgender (including transsexuality) * Carer’s responsibilities (but only within employment). Development of the NSW Anti-Discrimination Act 1977 The Act was granted Royal Assent on 28 April 1977 and came into ...
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Governor Of New South Wales
The governor of New South Wales is the viceregal representative of the Australian monarch, King Charles III, in the state of New South Wales. In an analogous way to the governor-general of Australia at the national level, the governors of the Australian states perform constitutional and ceremonial functions at the state level. The governor is appointed by the king on the Advice (constitutional), advice of the premier of New South Wales, and serves in office for an unfixed period of time—known as serving ''At His Majesty's pleasure''—though five years is the general standard of office term. The current governor is retired jurist Margaret Beazley, who succeeded David Hurley on 2 May 2019. The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with the Federation of Australia and the ''New South Wales Constitution Act 1 ...
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Manslaughter
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th century BC. The definition of manslaughter differs among legal jurisdictions. Types Voluntary In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder. The traditional mitigating factor was provocation; however, others have been added in various jurisdictions. The most common type of voluntary manslaughter occurs when a defendant is provoked to commit homicide. This ...
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Felony Murder
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The concept of felony murder originates in the rule of transferred intent, which is older than the limit of legal memory. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. History While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner. For this reason, the felony murder rule is often justified by its supporters as a means of deterring dangerous ...
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