Posted: September 8th, 2015

Primary and secondary sources of law

Check Paper requirements

QUESTION

In 2012, the NSW government’s new consorting offence s93X(1) Crimes Act 1900 (NSW) came into effect.
This offence makes it criminal for a person to habitually consort with convicted offenders after having been given an official warning in relation to those offenders.
The Ombudsman is required to undertake a three year review of the provisions, and is expected to release their final report in the near future.

You are required to write a submission to the NSW Legislative Council Standing Committee on Law and Justice, on behalf of the Sydney Institute of Criminology, that critically assesses the offence. Your submission must address the following:
• Identify and analyse the elements of the s93X offence.
Section 93X Consorting (1) A person who:
(a) habitually consorts with convicted offenders, and
(b) consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,
is guilty of an offence.
Maximum penalty: Imprisonment for 3 years, or a fine of 150 penalty units, or both.
(2) A person does not habitually consort with convicted offenders unless:
(a) the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and
(b) the person consorts with each convicted offender on at least 2 occasions.
(3) An official warning is a warning given by a police officer (orally or in writing) that:
(a) a convicted offender is a convicted offender, and (b) consorting with a convicted offender is an offence.

• Taking into account the s93Y defences, discuss whether this offence reflects the purposes of criminal law.
Explain your reasoning by considering both related case law and relevant policy debates about effective and appropriate controls on consorting with convicted offenders.
PAPER REQUIREMENTS
 At the outset, read the question carefully and pay specific attention to the words used and what they require of you.

 This assignment requires research. Read generally on the topic – the unit materials and textbooks are a good starting point. Note the pointers they provide to important primary and secondary sources of law, and locate and read what you deem necessary. Undertake further research to identify other persuasive resources. Be mindful that this is a 2000 word essay, not a mini-thesis – so the research process should not become a huge task. The research you undertake must uncover information that is accurate, relevant and up to date – and legally compelling.

 The focus of the course is NSW, as is this assignment question. Of course what has happened in other jurisdictions (cases, legislation, reform recommendations etc etc), may also be important as comparison.

 Ensure that you properly reference in the footnotes the sources of all information that is not your own – not merely the words of others you may have quoted, but also their ideas. If you plagiarise, you will perish. Utilise the ideas of others to support your argument – do not merely summarise those ideas.

 Think about what you want to establish, why and how – and prepare an Outline of your arguments. The essay must not be merely an attempt by you to write everything you know about the topic. Ensure in your outline that you are creating a logical flow to your argument. Decide on an effective beginning and ending to your essay. Once you are reasonably content with your outline, move on to the essay writing.

 In your Introduction:

1. Provide a context to your discussion.
2. Present your thesis, the argument/s you will be making.
3. Clearly set out the parameters of your discussion – if topics will not be included, state that fact.
4. Consider offering a brief outline of the structure of your essay.
 In the Body of your essay: You will need to demonstrate that you have a sound understanding of the topic under discussion, and that your arguments are clearly and persuasively presented. Ensure you do not neglect to consider alternative arguments.

 In your Conclusion: Provide a brief overview of your essay and reiterate the main argument you have proposed.

 In general:
• You must present an essay that is well researched and rigorously referenced, and that has no problems with spelling or grammar.
• Proof-read thoroughly the essay you submit.
• Given the word length, you will still need to be precise and concise.

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