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Court Observation

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Introduction: This paper discusses the observation of a court session held 6th August 2015, at Coo-ma Local Court, beginning at 9.30am. Although I observed three cases, the first two were very short so I have focused on the third case, which consisted of a dispute be-tween Cooma Council and a local grazier regarding a fine issued for negligent weed control. Observation of the Court building: Built in 1887, Cooma Court is a stone building consisting of a large entryway, the court room, waiting rooms to the side, and the Magistrate’s chambers at the back to the left of the court. As shown in diagram 1.1 below, upon entry to the court room, there are public viewing spaces along the back wall and upstairs. The upstairs was not accessible on 6th …show more content…

The strongest connection I made with a key concept within my course is the notion that some actions do not warrant punishment the same as others, even though both are breaking the law. It seemed to me the defence believed weed management was not a concern and he failed to see why he should be fined for failing to adhere to Council’s requests. Conversely, the weed control officer’s conviction is that weed control management is vital for the delicate ecosystem in the area and many people failed to understand the damaging effects weeds can …show more content…

I was somewhat surprised the Magistrate allowed the defendant to argue points irrelevant to the case to such an extent. The proceedings seemed fair as the defendant was given ample time and leeway to prove his case, as well as advised to change his tactics. The defendant attempted to argue the witness did not have the experience or knowledge to correctly identify weeds, however, in my opinion the witness proved otherwise. My final obser-vation was it seemed it would have been easier for him if he had just controlled the weeds as requested by council, or, if unable to do so, request assistance from council. It further became apparent that it may have been simpler to pay the $200 fine for failing to comply rather than going through the court process. As the Magistrate stated he had adjudicated over 400 cases relating to weed management, this case has taught me that weed management is a controversial

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