Highlighting Many of the Weaknesses in the Australian Legal System through the Chamberlain Case

Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

For the purpose of this report, a visit to the Melbourne Magistrate's Court was made on 22nd March, 2016. On this day, the second day of a four day committal hearing was heard regarding the matter of Omer Cicekdag, presided over by Magistrate Ann Collins.

Case 1 is an appeal to the conviction rendered by District Court Judge Bradley on

This essay will explore how prosecutorial misconduct causes wrongful convictions in both the United States and Australia. This essay will also argue that rehabilitation and compensation should be provided by the state. A major flaw in the criminal justice system not only in the United States but also in Australia, is the failure to set forth a plan for the people who were exonerated to be accepted back into society. The lack of a plan for rehabilitation for the exonerated poses a problem for society since some might find it easier to find a job in prison then in the real world, this process makes it immensely difficult for prisoners to get acclimated back into society. The Australian Law Review Committee is an entity which evaluates and gives

This provision outlines a maximum penalty of 10 years imprisonment if found guilty of deliberately and negligently choking, suffocating or strangling an individual to the point of significant harm. It further outlines a maximum penalty of 25 years imprisonment if found guilty of committing such act with additional

The Australian justice system implements the adversarial system in which opposing parties present their case before an unbiased decision maker, to ensure procedural fairness and the principles of natural justice are upheld.The system has been structured this way to ensure justice is served for the victim, offender and the broader community. The nature of justice is that it is equal to all, fair from bias and is accessible. In the case on R v Rolfe and R v Weston (2017) the two offenders; Timothy Rolfe and John Weston, members of the Rebels Outlaw Motorcycle Club were sentenced at the NSW Supreme Court on a joint criminal enterprise for the murder of 29-year-old Laurence Starling. The killing was motivated by revenge for an unpaid extortion debt of $200,000 between the deceased’s business partner Mr Fields and a high-ranking member of the ‘’Rebels’’ who sent his subordinates to seize Mr Field’s assets as compensation. The complex circumstances of the crime were problematic for the justice system because particular methods had to be implemented in the process of achieving justice however the justice system was relatively effective in reaching a just outcome for majority of the stakeholders due to its resource efficiency, responsiveness, accessibility, standards of fairness, protection of individual rights and meeting society’s needs.

Bulsey & Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that “the suspect” had committed an indictable offence, but the lawfulness of the arrest was inevitably questioned as to whether an officer with reasonable suspicion was the arresting officer. The judgements in favour of the appellants heightens the need for officers to use their powers within the ‘confines of the law’ when ‘forcibly arrest[ing] and detaining’ a person as to preserve the right to personal liberty, for once this right is left in the power of any authority, to imprison arbitrarily whomever they suspect, ‘there would soon be an end of all other rights and immunities.’

The Plaintiff’s estate was sequestrated in Federal Magistrates Court on May 12 2009, for failure to pay Council court costs [10]. An application by the Plaintiff for an extension in time to appeal this sequestration was

Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal

Mr Michael Burch expired while his four wheeler vehicle clean off in YR ( yarra ranges) shire on 13th November, 1998.

Through the progression of history the need for the principles articulated in Engineers’ Case was both necessary and appropriate. Callinan J in Workchoices’ Case made

The New South Wales (NSW) criminal justice system has been separated into “two tiers of justice”. The two tiers of justice involve the separation of lower and higher courts, where the lower courts are comprised of Local courts and the higher courts are comprised of District and Supreme courts. The local courts role lies mainly in exercising summary jurisdiction whereas more serious indictable offences are dealt with in higher courts. However, there is more than just a jurisdictional divide and there are other aspects that significantly distinguish the lower courts from the higher courts.

Australia 's Federal System is dynamic and the division of lawmaking power between the Commonwealth and State since 1901 has changed dramatically; Critically discuss, focussing on the major reasons for those changes.

Juries made up of everyday novices are the most relied upon people in the district and supreme courts when it comes to a criminal trial. Ultimately, 12 people will decide the fate of a defendant and either see them walk free or be incarcerated. What happens if they get it wrong? Although a wrongful convictions are unlikely in Australia they are usually down to police corruption, misreported evidence or a jury’s misinterpretation of the case. Untrained, average citizens are making massive decisions with barely any idea if they have followed the law or not. Personal feelings or experiences can affect the interpretation of the evidence. Also with a state like South Australia with smaller jury regions, the likely hood of know someone connected

Commonwealth v. Barbara Winston. On October 17, 2016, in Scott County Circuit Court, Barbara Winston (Winston) pled guilty to one count of obtaining money by false pretense, one count of conspiracy to obtain money by false pretense, one count of Medicaid fraud and one count of conspiracy to commit Medicaid fraud. She was sentenced to five years, with five years suspended, and an indefinite period of probation on each count. The sentences were ordered to be run concurrently. She was also ordered to pay $6,845.97 in restitution, excluded from being a Medicaid provider for 10 years, sentenced to 50 hours of community service and to pay $250 court costs. Winston was hired by her Medicaid eligible mother to provide attendant care and respite