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Criminal Law Assignment (Sample)

   

Added on  2021-04-16

5 Pages693 Words73 Views
Running head: CRIMINAL LAWCriminal LawName of the StudentName of the UniversityAuthor Note
Criminal Law Assignment (Sample)_1
1CRIMINAL LAW1.Show cause requirementIn order to obtain bail under the Bail Act 2013(NSW), the accused person must ‘show cause’as to why they should be released on bail1. According to section [16B] of the Bail Act, anyaccused charged with following offenses shall ‘show cause’ why his or her detention isunjustified:i.Offences that imposes life imprisonment to the accused;ii.Several aggravated forms of sexual assault offences;iii.Severe personal violence offence where he accused has previous records of committingserious personal violence;iv.Offences involving weapons and firearms; v.Offenses related to drug supply and its manufacturing or possession in large quantities;vi.Serious indictable offences committed during parole or bail;vii.Commonwealth drug related offences of commercial quantity;The burden of proof shall be on the accused to show cause for establishing his detention isnot justified otherwise bail shall not be granted. The accused charged with serious indictableoffence where maximum penalty is more than five years must show cause. Mr. James may ‘showcause’ as he is charged with drug related offence2. As per section 25A of Drug Misuse and Trafficking Act 1985 (NSW), any person whosupplies a prohibited drug other than cannabis, continuously on 3 or more occasions for any1 Bail Act 2013 (NSW).2 Shrestha, Prajesh. "Two steps back: the presumption of innocence and changes to the Bail Act 2013 (NSW)."Sydney L. Rev. 37 (2015): 147.
Criminal Law Assignment (Sample)_2

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