Crime Family Human Rights Assessment Task

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Ismail Hammoud

Year 12 Assessment Task Term 2


Legal Studies
Legal term 2
Crime

A pair of Sydney women, both 23 have been charged with importing a commercial quantity of
methamphetamine after a package containing 5.7 kilograms with an estimated street value of $2.7 million
from the U.S was intercepted and examined by Australian boarder force agents on May 6 th . The illicit drugs
were found to be hidden in food ration packages.

The accused pair, Israh Chahine and counterpart Alexandra Karanfilovska had their Arncliffe homes raided
by police on May 13th under the search and seizure police power after a warrant was granted by the local
court due to the reasonable grounds and evidence found to search the pairs homes. Their crime falls
within breach of the drug misuse and trafficking act 1985 along with the customs act 1901 due to the
international element of the crime. The pairs crime was discovered as the evidence act 1995 was used by
police to phone tap, gaining evidence, which presented authorities with a conversation between the pair
discussing the shipment while comparing the amount of money earnt for carrying out the task. Both Israh
and Alexandra were arrested at their homes under the law enforcement act 2002 and were taken to
Kogarah police station for further questioning, for a maximum of 4 hours unless an extension is granted by
a magistrate or a charge Is handed down. However, the pair have claimed through a solicitor, that they
were unaware of what was being shipped, rather they were simply carrying out the task for co-accused
Adam Ayshan and Mohomad Hawchar. The prosecutions ability to gain and provide evidence to the crown
allowed for actus reus to be proven beyond reasonable doubt. However, men’s rea was to be difficult to
prove beyond the burden of proof as the pair was not aware of what the shipment contained and saw the
opportunity to make easy money, this identifies as a mitigating factor. Their matter was initially heard in a
local court where the pairs charges were laid. Following a bail hearing, bail was granted in the form of
surety, Israh’s family offered their home while 3 people contributed $19,000 on Alexandra’s behalf. They
are only permitted to leave the confinements of their own home if accompanied by a court approved
chaperone and are expected to wear ankle monitors in order for authorities to keep track of their
whereabouts. Both have been provided a court attendance notice for the 14 th of July 2020. It is up to the
district court to sentence the pair and based on precedent the charges laid upon them carries a heavy
sentence of up to 25 years imprisonment. These women should be handed down a harsh sentence as a
deterrence for any other traffickers and to lessen the consideration of defences as such: mitigating
circumstances or the accused’s state of mind as it will inflict a sense of fear and potentially lower the
number of drug related crimes.

There are many aspects of the law, in relation to drug related crimes in need of reform. 16% of the
Australian population have been under the influence of illicit drugs in the past 12 months, the highest
users being youth aged between 14-19. The lack of severity in relation to the consequences is taken lightly
by many people. By introducing harsher penalties in the aspect of this crime will dramatically decrease the
number of consumers, suppliers and traffickers of these detrimental substances. Although there are many
social support groups and rehabilitation clinics available, the number of users continues to skyrocket.
Australia in particular is in desperate need of law reform in this sector of crime as the number of drug
related offences increases on average 0.7% per year.

The law has proven to be ineffective in regards to drug abuse due to the rising numbers of drug related
crimes. There is no stable sense of protection amongst youth from these drugs as they are often difficult
for authorities to uncover, often being discovered after harm has been caused. The light consequences are
a contributing factor into the rise of drug abuse as they are not taken seriously. It is recommended that
rehabilitation clinics are opened in large numbers state-wide as they will become more accessible as well
as introducing a more in-depth study of the effects of drugs in schools, allowing the youth and future
generations to be well educated and grow weary of the danger these dr
Family law

Hannah Clarke, a victim of domestic violence who along with her 3 children were killed by her husband and
father of her children, Rowan Baxter. Several lobby groups and organisations have taken part in
advocating against domestic violence and encouraged more victims to speak out.

Domestic violence is the violent or aggressive behaviour within the home, typically involving the violent
abuse of a spouse or partner. The domestic and personal violence act 2007 states: abuse takes on many
forms, physical, emotional, mental, sexual assault, stalking, damaged to property and behaviour that
causes a child to be exposed to the effects of domestic violence which are all forms of domestic violence,
some often foreseen as ‘personality’ often leading to circumstances like Hannah’s. There are serval motives
found to be related to domestic violence for example social problems and financial difficulties have proven
to be the leading causes of family problems. Studies have found that men tend to commit more domestic
violence than women and majority of domestic violence victims are women and children, as seen with
Hannah Clarke.it is believed that 49% of men and 41% of women have experienced some form of violence
since the age of 15. Domestic violence is one of the highest unreported occurrences in Australia as a sense
of embarrassment is felt by those who speak out. Hannah Clarke was described as one who was reluctant
to admit that she was being abused by her husband. There are many aspects of the law that must be
changed in order to ensure the safety of our society. Lengthy jail sentances are a reasonable approach to
all domestic violence offenders, no matter the minority of the offence. Only then will a sense of fear and
reflection be inflicted within a potential offender. Another recommendation is a domestic violence
database, just as there is one for paedophiles, this will allow domestic abusers to be easily distinguished by
potential employers, partners work colleagues and can assist in keeping society safe. These approaches will
deter perpetrators and lessen the number of domestic violence related cases.

Although there are a number of approaches that can help victims of domestic violence. The law has
enacted legislation that has proven to be ineffective as the number of domestic violence cases continues to
dramatically climb. On average there are 606 reports of domestic violence daily in NSW alone and on
average 1 death per week of a woman at the hands of her abusive spouse. These statistics are way too high
and the law cannot be considered effective until the number reaches zero. AVO’s and ADVO’s
(apprehended domestic violence order) are legal documents imposed to deter domestic abusers from
coming in contact with their victims. These documents have done very little in protecting victims of abuse
as over 44% of these orders have been breached. These orders have proven to be difficult to enforce as
authorities have no control over ones whereabouts. Although these orders are accessible, they are highly
ineffective as they do not guarantee the protection of a victim and are not known to people with non-
English speaking backgrounds as the language barriers limits their knowledge of support available to them.
Contrastingly the immediate incarceration of abusers will dramatically decrease the soaring numbers of
domestic violence. Non-government organisations have proven to have a positive effect on domestic
violence in particular, the White Ribbon Foundation which focuses on empowering women to speak out
against abuse and to gain the confidence through personal troubles with domestic abuse. Their annual
marches and well-known advocates, sporting stars, celebrity figures and the media attention placed upon
the issue makes it an easily accessible and effective approach. This support group along with many others
has proven to have a more significant and positive effect on the issue than the legal responses in relation
to domestic abuse.
Human rights
Two men from regional NSW have been charged with one count each of facilitating the entry of 5 or more
unlawful non-citizens in breach of the Federal migrations act. The men raised boarder force concerns after
becoming bogged in northern territory water and calling boarder force, acting as a party boat. The men
were finally arrested after months of close monitoring by AFP (Australian Federal Police).

The 1984 declaration of human rights states ‘No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms’. In this particular instance the breach of human rights is in
fact debt bondage. Human trafficking comes in varying forms, from recruitment, harbouring of victims,
transport and sale, to obtaining or buying and finally exploiting that person is servitude. Debt bondage is
defined as the modern-day slavery, often forced labour. It is where a person is forced to repay a loan with
labour instead of money, as seen in this case where the 6 unlawful Chinese immigrants were told to work
for a year without pay. In accordance to the law enforcement act 2002 police raided and seized visa
applications, computer, hard drives, mobile phones and other documents from the homes of the 2 men.
The objects seized can potentially be used as evidence by the prosecution in the district court where the
matter will be heard. These 6 illegal immigrants as part of this human trafficking ring are believed to have
paid $1000 each for a boat and crew in Indonesia to take them to australia, where they would be picked up
by the 2 masterminds of the plan.

There are many complications that arise with human trafficking, predominantly the fact that australia has
no jurisdiction past its borders, making the enforceability extremely difficult for the AFP. However, there
have been many introductions and programs that have aided in the increased protection of human
trafficking victims. The Australian government established the Human trafficking strategy in 2003 and has
since dedicated more than $60 million to tackle the problem. This program aims to track the complete
cycle of the human trafficking process from recruitment to reintegration, prevention, detection and
investigation, prosecution and victim support. The breach of division 271 of the criminal code act 1995
should be punishable by life imprison due to the phycological effects faced by the victims as therapy and
other support services can only aid to a certain point. The terror endured can never be undone, rather it
stays with the victim all along and it is justice to have the accused in a similar state.

The media along with propaganda such as movies, books, documentaries inform the general public about
the existence of modern slavery, which act as a catalyst for victims to lodge compensation claims. Although
major legal efforts have been imposed to aid and prevent human trafficking, what overcomes all is the
inability to enact our legislation in other nations, specifically developing countries where the rate of human
trafficking is a mountainous 31 million, with an estimated 80% undetected. Although Australian boarder
force and the AFP are commendable in the way they enforce these laws and legislation, the accessibility for
all victims proves another issue as protection and care can only be provided to those within our boarders.
The introduction of Non-Government organisations in australia for example the university of technology
Anti-slavery project focus on the study and elimination of modern day slavery, through their work within
the community and in accordance to the Australian government they have been able to offer support and
comfort to victims of human trafficking, proving to be effective as the idea of meeting and working with
people who have endured the same pain offers a sense of peace and relief. The law does consist of both
effective and non-effective attributes in relation to this ongoing breach of human rights.

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