Welcome to HSC Legal Studies: News Watch

Three-year old Courtney Morley-Clarke was taken from her Central Coast home one night in January 2001. When her disappearance was discovered the next morning, police were called and a search was made of neighbouring homes and nearby bush land. The naked body of the child was found soon after in an area of very tall grass, with a stab wound through the heart.  SLD, aged 13 years and 10 months at the time, was found guilty of her murder and sentenced to 20 years with a non-parole period of 10 years. His name has been withheld because of his age.

Ever since Wood CJ referred his reasons for sentencing in the decision of R v SLD [2002] NSWSC 758 to the Criminal Law Review Division for consideration for amending the laws for the sentencing of children under the age of fifteen who have committed serious crimes that attract maximum sentences of twenty five years or more, this issue has been subject to much debate and discussion.

The NSW Sentencing Council have completed reviewing the laws sentencing children convicted of murder and published its report "Provisonal Sentencing for Children".  Members of the public have until 31 January 2010 to comment on the proposed changes to the present sentencing laws.

Under the new regime, a court could impose a provisional sentence if the offender's age did not permit a proper psychological assessment to be carried out.  With young children who have committed very serious crimes, it can initially be difficult to determine whether the presence of a serious psychological disorder poses an ongoing risk for community safety.  The new legislation would permit the court to impose a final sentence once the child matures, taking into account any mental health conditions that have emerged.  The court could also review a provisional sentence after two years, at the mid-point of the non-parole period, or when it otherwise deems necessary, and the child could also apply at any time for a final determination of the sentence.  Provisional sentencing would be a departure from exisiting laws which provide for finality in all sentencing decisions.

Sydney University Graffiti Tunnel photo found on Flickr

The Graffiti Control Amendment Bill 2009 (NSW) came into force in early December and doubles penalties for graffiti vandalism and bans people under eighteen from possessing spray cans and carrying them in public, unless they can prove they have it for a legitimate purpose.  This Bill amends the Graffiti Control Act 2008 (NSW).  "Spray-can vandals face prison under crackdown" SMH , 8 November 2009 provides a good overview of this new amendment.

Graffiti has been identified as a key priority in crime prevention across Australia.  This new legislation is an example of one initiative to reduce the incidence of graffiti in public open spaces across New South Wales.  Other measures are also being recommended and introduced. 

If you are interested in looking at the incidence of graffiti as a criminal justice issue or as a law reform in action issue, the following three articles would be useful reading:

• "Strategies to combat graffiti" ACI Crime Reduction Matters No 81(January 2010);
• Key Issues in Graffiti by Anthony Morgan and Erin Louis of the Australian Institute of Criminology (December 2009); and
• "Graffiti, crime prevention and cultural space" by Rob White (2001) 12 (3) Current Issues in Criminal Justice 253-268 is available in fulltext via AGISPlus if you have a reader's card with the State Library of NSW.

If you are interested in looking at other examples of graffiti in Sydney, you can search on Flickr.  Type in "graffiti and Sydney".  There are several online discussion groups who discuss the impact of this new legislation among many other issues on Flickr.

The Attorney-General's Department have launched a new website about graffiti which contains useful information.

Victim Services have completely upgraded their website.  There is a wealth of information available about victims rights, and how victims of crime can access counselling and compensation.  There is also invaluable information on the criminal justice journey which covers: when a crime is committed, reporting a crime, crime investigation, getting ready for court, your time at court and after court. 

There is also information on specific crimes such as drink spiking, identity theft, elder abuse and crimes committed by children.  The information on this website is clear and easy to read, providing students with an overview of the criminal justice system.  It would also be an excellent resource for students interested in exploring victims of crime as a criminal justice issue.

If you teach Legal Studies, are you beginning to think about the new syllabus and how to prepare for Year 11 in 2010?  LIAC's Legal Studies Research Guide has three new pages uploaded which support Part 1 - The Legal System:

• Basic Legal Concepts - Sources of Contemporary Australian Law
• Law Reform
• Law Reform in Action

Each page lists web-based resources that support the syllabus and texts and reports available at your local public library.  The Law Reform and Law Reform in Practice pages also provide links to key legislation and strategies for locating full text magazine articles from AGISPlus, which you can access with a State Library Reader's Card. 

If you have not applied for a reader's card from the State Library, now is the time to do this.  We have listed useful articles available, as a "taste" of what you will find online.  Your students will benefit immensely from the range of databases available if they have a reader's card - it would be good to encourage them to apply online during the first couple of weeks. That way, when you reach the Law Reform in Action part of the syllabus, they will be "ready to go" and able to locate useful information on any law reform topic you choose.  It takes at least five working days for the reader's card to reach you by mail.  Alternatively, you can register and apply to collect the card in person from the State Library.

A NSW Parliamentary Committee has tabled a report on Bullying of young people and children (NSW Legislative Council, 12 November 2009).  Chapter 7 of the report focuses specifically on cyber-bullying.  This is an interesting issue to explore - where does the duty of care lie to protect children and young people from the harmful effects of cyberbullying? Together with our Hot Topics issue on Cyberlaw, these will be useful resources for addressing this issue.