CRJU150 Criminal Justice Exam Study Notes

CRJU150 Criminal Justice Exam Summary

Sources of Law:

Legislation

• Law made by Parliament: Also called statutes or Acts.
• Primary source of law.

Case Law (Common Law)

• Law developed through court decisions.
• Primary source of law.
• Creates precedent.

Parliament vs. Courts

Parliament: Makes law.

Courts:

• Interpret law.
• Apply law.
• Develop common law.

If legislation conflicts with common law, legislation prevails.

Criminal Law Categories

Substantive Law: Defines offences and penalties.

Examples:

• Crimes Act 1961
• Misuse of Drugs Act 1975

Procedural Law

Rules governing the legal process.

Examples:

• Arrest
• Bail
• Trial procedure

Case Analysis and Anatomy

Parties

Who is involved? (e.g., Kinney v Police)

Court Hierarchy

• Supreme Court
• Court of Appeal
• High Court
• District Court

Judge

Who decided the case?

Citation

Example: Kinney v Police [2024] NZHC 123

• 2024: Year of judgment.
• NZHC: High Court of New Zealand.
• 123: Judgment number.

Case Analysis Framework

Facts

What happened in the case?

Issue

What legal question did the court need to answer?

Rule

What legal rule was applied?

Application

How was the rule applied to the specific facts?

Conclusion

What was the final outcome?

Ratio Decidendi and Obiter Dicta

Ratio Decidendi

The reason for the decision.

• The core legal principle.
• Necessary for the outcome.
• Binding on lower courts.

Obiter Dicta

Additional comments made by the judge.

• Not necessary for the outcome.
• Persuasive only.

The Doctrine of Precedent

• Binding Precedent: Must be followed by lower courts.
• Persuasive Precedent: May be followed but is not mandatory.
• Followed: The court applies an earlier case.
• Distinguished: The court determines the facts are different from the precedent.
• Overruled: A higher court declares an earlier case decision was wrong.

Legal Reasoning by Analogy

Similarities

How are the facts alike?

Differences

How are the facts different?

Conclusion

Should the precedent apply?

Structure:

• Similar to [Case Name] because [Reason].
• Different from [Case Name] because [Reason].
• Therefore, the precedent should / should not apply.

Statutory Interpretation Principles

Why Interpret Statutes?

• Ambiguous wording.
• New situations arise.
• Parliament cannot foresee every circumstance.
• Different meanings are possible.

Historical Interpretive Rules

• Literal Rule: Using the ordinary meaning of words.
• Golden Rule: Used to avoid absurd results.
• Mischief Rule: Identifying the problem Parliament was trying to fix.
• Purposive Approach: The modern approach to interpretation.

The Purposive Approach

Text

Look at the ordinary meaning, definitions, grammar, and structure.

• What do the words say?
• Is the term defined within the Act?

Context

Immediate context: Nearby sections and surrounding wording.

Broader context: The entire Act and the legislative scheme.

• Does this meaning fit the Act as a whole?

Purpose

Why was Parliament trying to create this law? Look at the purpose section, long title, and overall objective.

• What was Parliament trying to achieve?

Legislation Act 2019

Interpret legislation using the Purposive Approach by analyzing:

1. Text
2. Context
3. Purpose

Always discuss all three in your exam answers.

Mandatory vs. Discretionary Language

• May: Indicates discretion; the decision-maker can choose.
• Shall: Indicates a mandatory requirement.
• Must: Indicates a mandatory requirement.

Statutory Interpretation Exam Template (IRAC)

Issue

Identify the problematic word or phrase. (e.g., "Does a drone qualify as an 'aircraft'?")

Relevant Law

Reference the Legislation Act 2019 (Text, Context, Purpose), relevant sections, definitions, and ordinary meanings.

Application

• Text: Apply the wording to the facts.
• Context: Apply the statutory context.
• Purpose: Apply the purpose of the Act.

Conclusion

State the likely interpretation and the legal outcome.

Case Study Example: Kendrick

Issue

• Does the drone fall within the definition of "aircraft"?
• Did Kendrick operate it dangerously?

Relevant Law

Civil Aviation Act, definition of "aircraft," definition of "operate," and Section 44. Apply the Legislation Act 2019 (Text, Context, Purpose).

Application

• The drone flies through the atmosphere, fitting the definition.
• Kendrick controlled the device; therefore, he operated it.
• The aerial stunt created danger, and a child was injured.

Conclusion

Kendrick is likely guilty under Section 44.

New Zealand Bill of Rights Act 1990 (NZBORA)

Purpose

To protect fundamental rights and freedoms.

Section 4

Courts cannot invalidate legislation simply because it breaches NZBORA. Parliament remains supreme.

Section 5

Rights can be limited if those limits are reasonable and demonstrably justified.

Section 6

Where possible, choose an interpretation that is consistent with rights and freedoms.

The Hansen Test (Tipping J)

When legislation affects rights, follow these steps:

1. Determine the ordinary meaning.
2. Does it limit a right?
3. Is the limit justified under Section 5?
4. If multiple meanings exist, choose the rights-consistent meaning (Section 6).
5. If Parliament's meaning is clear, Section 4 means courts must still apply it.

International Criminal Law

Treaty

An agreement between states.

Customary International Law

Requires consistent state practice and the belief that the practice is legally required.

International Criminal Law Focus

• Genocide
• Crimes against humanity
• War crimes

Quick Exam Checklist

Statutory Interpretation

• Text, Context, and Purpose
• Definitions and Ordinary Meaning
• Purpose of the Act
• Apply facts and reach a Conclusion

Case Analysis

• Facts, Issue, Rule, Application, and Conclusion
• Ratio Decidendi vs. Obiter Dicta
• Precedent (Followed, Distinguished, or Overruled)

High-Scoring Exam Phrases

Statutory Interpretation

"The ordinary meaning of the term is..."

"In its immediate statutory context..."

"When viewed in the broader context of the Act..."

"The purpose of the legislation appears to be..."

"Therefore, Parliament likely intended..."

Case Analysis

"The ratio decidendi of the case is..."

"The court followed the decision in..."

"The case can be distinguished because..."

"By analogy..."

"Therefore, the precedent applies / does not apply..."