The following learning activities are bundled resources that are aligned to the sub-topics for the core topic unit of crime. They each contain either contemporary events or judgements that are suited for students undertaking the HSC Legal studies course.
Factors affecting sentencing decisions
This bundle of resources examines the factors that may affect sentencing decisions in the NSW Criminal Justice System.
1. Discuss factors that affect sentencing decisions, including the purpose of punishment
Students will review a serious criminal offence that was presented to the court which involved a mother that performed an inappropriate sexual act upon one of her young children. Students will reference the sentencing court transcript – R v Simmons [2025] NSWDC 4 to view the judicial discretion used by the sentencing judged to determine the objective seriousness and the impact of the mitigating factors to reduce the penalty from life imprisonment to a 6-year sentence.
2. Factors affecting a sentencing decision aggravating and mitigating circumstances – The Fernando propositions
With reference to a recent sentencing decision R v Aylward [2024], will allow students to appreciate the difficulty for the family and friends of victims in trying to understand the justification for an offender that enters an early plea that results in a reduction to the sentence.
3. Discuss factors that affect sentencing decisions (Victim Impact Statement).
Students will initially refer s26 Crimes (Sentencing Procedure) Act 1999 (NSW) to clearly understand who can make a Victim Impact Statement and also the role that it may play during the sentencing process. Students will also review the following Victim Impact Statement; Focus study 1: The execution murder of Michael McGurk in front of one of his own children, Focus study 2: The random knife attack and murder of 24-year-old Michaela Dunn in her apartment, Focus study 3: The murder Michelle Bright a 17-year-old girl in the country town of Gulgong, Focus study 4: he domestic violence attack and murder Sarah Bright, a mother of five children.
4. Discuss factors that affect sentencing decisions.
Students will examine factors that may affect sentencing with reference recent court case proceedings. Aggravating factors – R v Fletcher [2020] NSWSC 1478Aggravating factors (excessive and gratuitous cruelty) – R v Wood [2018] NSWSC 1855, Mitigating factors (remorse, good prospects for rehabilitation) – R v Meredith [2022] NSWDC 504, Sentencing (time already spent in remand) – R v Bailey [2021] NSWDC 372, Mandatory sentence (one punch law) – R v Garth (No 2) [2017] NSWDC 471, Community Correction Order – R v Damaso [2022] NSWDC 473, Sentencing – detained pursuant to s 33 Mental Health and Cognitive Impairment Forensic Provisions Act – R v Jawid [2022] NSWSC 788, Sentencing – sentencing offenders when the crime pre-dates changes to the law – R v Rumsby (No 6) [2023] NSWSC 916
5. Assess the effectiveness of alternative methods of sentencing (diversionary programs)
The learning activity allows students to examine the socio-economic benefits of alternative methods of sentence that includes a variety of diversionary programs: Youth on Track, Youth Koori Court, Circle Sentencing, Cannabis Cautioning Scheme, Restorative Justice, Magistrates Early Referral into Treatment, Traffic Offenders Intervention Program
6. Evaluate the effectiveness of sentencing and punishment as a means of achieving justice.
The aim for this learning activity is to provide students with a deeper understanding of the course content through reference to either contemporary case studies, media events or amendments to legislation.The learning activity allows students to investigate role of sentencing and punishment from the differing perspectives of the victim and the community. Reference to a variety of contemporary sentencing decisions will assist students to better understand that often victims of crime may find it difficult to find justice due to obstacles in the legal system. Students will also investigate the changing nature of sentencing since the start of the 21st century. This learning activity is also cross reference with syllabus outcomes as well as aligned to the relevant theme and challenge component.
Post sentencing considerations
This bundle of resources examines options available to the courts to ensure that the community is protected from violent the factors that may affect sentencing decisions in the NSW Criminal Justice System.
1. Examine the implications of post-sentencing considerations in achieving justice (Continued Supervision Order)
The aim for this learning activity is to provide students with a deeper understanding for the processes involved in determining post-sentencing considerations under the Crimes (High Risk Offenders) Act 2006 (CHROA). Students will review a judgement The State of NSW v SLD [2021] NSWSC 409 that saw an offender that had been incarcerated since the age of 13 years only to receive a Continued Detention Order placed upon at the expiry of their sentence. Students will review a summary of the court transcript to see the operation of section 17 of the CHROA and the evidence presented to court to assist with the CDO determination and why an extended Supervision Order would have been unsuitable.
2. Examine the implications of post-sentencing considerations in achieving justice (Extended Supervision Orders)
The aim for this learning activity is to provide students with a deeper understanding for the processes involved in determining post-sentencing considerations under the Crimes (High Risk Offenders) Act 2006 (CHROA) for an Extended Supervision Order. Students will review a judgement The State of NSW v Armstrong [2025] NSWSC 52 that saw an offender that had been in and correctional institutions since the age of 17 years and consistently braking parole, CCC, and ESO’s should be placed on another ESO. Students will review a summary of the court transcript to see the operation of section 9(3) of the CHROA and the evidence presented to court to assist with the ESO determination and why an extension to a custodial sentence would have been unsuitable.
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Bail
This bundle of resources examines the often-controversial issue for a court to grant an offender bail.
1. The extent to which the law balances the rights of victims, offenders and society.
Students will review the recent court judgment R v White [2024] NSWSC 1527 in which a convicted offender is granted bail for the period prior to attending the sentence hearing. Students will examine s22B of the Bail Act 2013 No.26 (NSW), to demonstrate the role of judicial discretion when deciding whether there are special and exceptional circumstances that would justify whether the options of detaining a convicted offender into custody is outweighed by the risk for their personal safety.
2. Explain why young offenders are treated differently in the Criminal Justice System
As a response to an increase in juvenile offences related to motor vehicle theft and police pursuits, the NSW government initiated a reform to the bail laws for young offenders. In a matter of weeks section 22C was included as an amendment to the Bail Act 2013 (NSW). Students will also review the bail application hearing – R v RB [2024] NSWSC 471, in which a young offender challenges the validity of s22C within days of the amendment becoming law.
3. The extent to which the law balances the rights of victims, offenders and society.
The NSW Criminal Justice System is based on the legal principle of a presumption of innocence. This presumption is critical for when an offender is arrested and charged by police and unless the accused is considered to be a ‘risk’, then the option to access bail is an alternative to remand. Students will examine a series of judgements to assist them to draw conclusion of the effectiveness for the effectiveness of bail by examining the costs and benefits of the bail system
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Young offenders
This bundle of resources examines a variety of contemporary issues related to the treatment of young offenders in the NSW Juvenile Justice System.
1. Discuss the issues surrounding the age of criminal responsibility.
This learning activity will provide students the conceptual framework that underpins the presumption of doli incapax. As young children lack both the moral and cognitive development it is unfair that they should be prosecuted and punished the same as an adult. Students will review the necessary evidence required by the prosecution to rebut the presumption of doli incapax and the importance of the 2016 High Court judgement in RP v The Queen [2016] HCA 53 in establishing a benchmark for rigour of evidence presented to the court to rebut the presumption of doli incapax.
2. Explain why young offenders are treated differently in the Criminal Justice System
As a response to an increase in juvenile offences related to motor vehicle theft and police pursuits, the NSW government initiated a reform to the bail laws for young offenders. In a matter of weeks section 22C was included as an amendment to the Bail Act 2013 (NSW). Students will examine the impact of s22C of the Bail Act and how it affects the treatment of young offenders for certain criminal offences that are seeking bail. Students will also review the bail application hearing – R v RB [2024] NSWSC 471, in which a young offender challenges the validity of s22C within days of the amendment becoming law.
3. Assess the effectiveness of the criminal justice system when dealing with young offenders
This learning activity provides students the opportunity to research the controversial area of how the NSW criminal justice system deals with young offenders. Students will gain an appreciation for the welfare approach underpinned by the principles of the Young Offenders Act. Using current 2022-24 BOCSAR and Productivity Commission data, students will gain insights into the general nature for the types of juvenile offences and the uptake of a range of diversionary programmes for young offenders, as well as rates of recidivism. Finally, students will also review the data associated with rates of Aboriginal & Torres Strait Island young offenders.
4. Alternative forms of youth justice – Youth Koori Court (NSW)
The aim for this learning activity is to demonstrate to students an alternative option available for young indigenous offenders rather than going through a more traditional Children’s Court for sentencing. The learning activity provides students with a contemporary ‘real life’ event and judgement that supports course content and theory on the application of diversionary programs as a method to rehabilitate young indigenous offenders.The resource for the learning activity is the R v John [2023] NSW ChC 6judgement transcript and demonstrates the nature of the diversionary program offered to the young offender to encourage and support rehabilitation.
Post sentencing considerations
This bundle of resources examines the options available to the courts to ensure the safety of the community when convicted violent offenders that are not fully rehabilitated are amount to conclude their sentence in custody.
Examine the implications of post-sentencing considerations in achieving justice (Continued Supervision Order)
The aim for this learning activity is to provide students with a deeper understanding for the processes involved in determining post-sentencing considerations under the Crimes (High Risk Offenders) Act 2006 (CHROA). Students will review a judgement The State of NSW v SLD [2021] NSWSC 409 that saw an offender that had been incarcerated since the age of 13 years only to receive a Continued Detention Order placed upon at the expiry of their sentence. Students will review a summary of the court transcript to see the operation of section 17 of the CHROA and the evidence presented to court to assist with the CDO determination and why an extended Supervision Order would have been unsuitable.
Examine the implications of post-sentencing considerations in achieving justice (Extended Supervision Orders)
The aim for this learning activity is to provide students with a deeper understanding for the processes involved in determining post-sentencing considerations under the Crimes (High Risk Offenders) Act 2006 (CHROA) for an Extended Supervision Order. Students will review a judgement The State of NSW v Armstrong [2025] NSWSC 52 that saw an offender that had been in and correctional institutions since the age of 17 years and consistently braking parole, CCC, and ESO’s should be placed on another ESO. Students will review a summary of the court transcript to see the operation of section 9(3) of the CHROA and the evidence presented to court to assist with the ESO determination and why an extension to a custodial sentence would have been unsuitable.
LSRC 