Overview of Australian Criminal Law

2015 Words8 Pages
Running Head: THE RIGHT COURSE Australian Criminal Law Name of Student School Case Analyses I. Introduction nature, basis and issues Case 1 is an appeal to the conviction rendered by District Court Judge Bradley on Roy Ivan Kennedy in Kennedy v Reimers [2010] 411 for violating Transport Operations Regulation 2009 in failing to stop for a yellow traffic arrow. Section 57 (2) of the said regulation states that "a driver who is approaching"¦ a yellow traffic arrow"¦ must stop "¦if there is a stop line or near the traffic arrow and the driver can stop safely before reading the stop line (SCLQLD, 2011). The issues for determining was whether he could have safely stopped before reaching the stop line or he had an honest and reasonable but mistaken belief that he was not able to stop (SCLQLD). Case 2 is an appeal against the sentence imposed by Judge C. F. Wall on appellant Tony Siwath Ongart in the Ongart v Commissioner of Police [2009] QDC 289 on August 13, 2008 (SCLQLD, 2011). Judge Wall allowed the appeal and set aside the sentence. Section 31 of the Penalties and Sentence Act of $300, involving good behavior and keeping the peace for 6 months, was applied. Other pertinent legislations were Sections 6 and 7 of the Summary Offenses Act of 2005, Section 1 of the Justices Act 1886, and Sections 31 and 48 of the Penalties and Sentences Act 1992.. The issue for determining was the severity of the sentence (SCLQLD). II. Outline - Material Facts Case 1 Police were
Open Document