R V Dean Case Study

Keli Lane-Contemporary Criminal Case Original case citation: R V Keli Lane (2011) NSWSC 298, 15 April 2011, Whealy JA (1) Appeal citation : R V Keli Lane (2013) NSWCCA 317, 13 December 2013(1) Elements of the offence: Actus Reus: Keli Lane was found guilty of murder and three counts of false swearing.

The Magistrates’ role was to hear the evidence of distinct cases, criminal or civil matters and decide whether the accused is guilty or not guilty to an offence as charged and decide the penalty that will be given to those that are found guilty or plead guilty to an offence. Moreover, the Magistrate determined whether a case should go to a different court or to adjourn the case to another date.

A magistrate is some one who is not paid or is qualified and is only seen in the magistrate’s court which oversees summary criminal cases (magistrate hears about 96% of all criminal cases).

The prosecution reduced the charge from murder to manslaughter as they did not believe the requisite degree of reckless indifference or lack of mens rea were sufficient evidence to support the charge of murder. The use of discretion is outlined in the

The Courts and Judiciary of the victorian times were stern like today but had a poor system. The Magistrate decided what to do to the accused. If the Magistrate felt there was no case to answer, he could discharge the suspect. If the case was minor, the Magistrate could have the offence ‘summarily’ tried before two other

As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.

All magistrates begin their magisterial career in the adult court where they deal with crimes which can have the most widespread impact on communities; for example, anti-social behaviour and alcohol-related incidents. Magistrates’ courts are also the first stage in dealing with more serious crimes such as rape and murder, which are then referred on to the Crown Court.

the case of R. v. Sharpe, [2001] 1 S.C.R. 45, 2001 SCC 2 is regarded as one of the most controversial cases in the supreme court and got a lot of media attention and has led to Canadians all across the country to take into account the seriousness of child pornography and its harms. In this case, analysis I shall review the case R v. Sharpe, [2001] and consider the legal facts, the judicial reasoning and analysis as well as talk about the legal history of this case along with its socio and political implications it has had. In the beginning of a case commentary, it is important to state all the facts and terms, John Robin Sharpe is a British Columbia resident who admitted that he enjoyed child pornography and felt that he was entitled

I am Myrna Montoya, a registered nurse from New Jersey and currently taking the RN-BSN online program at Notre Dame College, South Euclid, Ohio. In our course on Health Care Policy in Complex Adaptive System, the students were given the opportunity to review the 2002 case of Finnerty v. the Board of Registered Nursing. As was ruled by the Court of Appeal, Ellen Hughes Finnerty, a registered nurse, was found guilty of gross negligence and incompetence.

Magistrates pass the most serious crimes (e.g. murder, rape and robbery) to the Crown Court. Magistrates decide if the defendant should be:

The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to

Unlike other members of the judiciary, their role and functions have limitations. As individuals, lay magistrates may authorise search and arrest warrants, but mainly their functions are performed as a bench of three. This may include hearing applications for bail or be in charge of committal proceedings. In trial, they decide the facts, the sentence and the law, though the concluding is under the advice of the justice's clerk.

This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.

Ethical principals are the seed of which nursing flourishes from. Many ethical principals were involved and dishonored in this case such as, justice, autonomy, beneficence, non-maleficence, confidentiality and fidelity (Burkhardt et al., 2014). I believe justice was the main principal involved as the entire ethical predicament was revolved around unjust behavior and treatment of the residents. The residents were treated poorly and given unequal rights as a causation of their illnesses. Autonomy, an essential piece of human rights was also being violated in this ethical dilemma. The residents did not have any choice or independence in their care or how they were being treated. Beneficence and non-maleficence are significant dynamics of this ethical situation, as the health care providers needed to reflect on how they can have the maximum benefit while diminishing possible damage to the residents (Burkhardt et al., 2014). Our actions as nurses should always be beneficent and non maleficent, continuously being kind, compassionate and doing what is in their best interest as well a removing and preventing harm. Confidentiality is a key component of nursing and it was blatantly being violated as the health care

Under S.21 of the Magistrates Court Act 1980 if the magistrates’ decide the case is suitable for trial on indictment then it basically informs the accused that the case is going to the crown court where the judge and jury will decide the outcome of the case. The case shall proceed in relation to the offence in accordance with S.51 (1) of the Crime and Disorder Act 1998. The magistrates can refuse the case, if the offence committed is too serious to be dealt with in the Magistrates Court and can only be heard at the Crown Court, or accept to deal with the case.