The Matter The Queen V Bayley Essay

This essay will attempt to explain a watershed moment using the Sarah’s Law as an example. The main objective will be to observe how this law improved society using academic research and what improvements that can be provided with the law to help in the future towards treatments of victims and witnesses. This essay will highlight how Sarah’s Law was created and how it made a huge impact in the criminal justice system, as well as, the ways the law helped victims and witnesses in society today.

We attended the ACT Magistrates Court on 6th October 2017. We observed a criminal case.

The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective

The criminal courts are responsible for determining the guilt or innocence of the person that is accused (Griffiths, 2015, p.147). As well as the courts are supposed to conclude the appropriate sentence while protecting their rights of the accused. The outcome that comes from the criminal courts is that the judgement is made to be fair, impartial and no political intrusion. Furthermore, the main focus of the courts is the find the fundamental problems, the interagency and interdisciplinary collaboration and the accountability to the community. (Griffiths, 2015, p.147). The court is supposing to keep the fairness and equality through the society.

1: Imagine walking through Sydney Airport, excited as you wait to catch your flight when all of a sudden a brawl that can only be described as “chaotic, wild and uncontrolled” breaks out. As you watch on, frozen in fear, a man begins to aggressively beat his rival with a metal bollard, stabbing him and killing him in cold blood; How would you feel if that man was allowed to walk the streets of NSW? Walk on the same footpath as you, shop in the same aisle as you. Well this man, Mick Hawi was allowed to, as he was released on bail five years after committing this crime.

The increase in violent rapes and murders being committed by paroled prisoners in Victoria, such as those committed by Adrian Bailey in 2012, and Sean Price in 2015, have led to the tightening of parole laws, removal of suspended sentences, and introduction of new mandatory sentencing laws. However, while these laws can be an effective way of reducing crime, reducing reoffending by 17-20 percent (Helland and Tabarrok, 2007), they also are a departure from the doctrine of the separation of powers (Solonec, 2015). The purpose of this essay will be to assess how detrimental the removal of objective sentencing will be to society, through the implementation of policies such as mandatory sentencing, stricter parole laws, and the removal of

Hall, D. E. (2014). Criminal Law and Procedure, 7th Edition: Cengage Learning. Retrieved November 10, 2017, from

The need for partial defence in murder cases has evolved through the common law and statue, in consideration of the weaknesses of the human mind to take control when faced with provocation and the challenges created by mental illness, which may result to serious violent. Court in England and Wales have experienced several difficulties in defining what “intention” (human mind) is in order to establish conviction for murder (R v Molony) 1985. This essay will therefore, discuss the need for partial defences to murder as “a buffer against the harsh effect of the mandatory life sentence for all cases of murder” in England and Wales.

3: So as of 20 May 2014 the Bail Act 2013 commenced and with the push of the NSWLRC the act was drafted in plain English which “simplified the decision-making process and ensured that bail decisions are more consistent”. However, the new bail act was still highly ineffective for the accused as it placed heavy reliance of the discretion of the bail officer or judge to determine the verdict

Victoria was Queen of the United Kingdom of Great Britian and Ireland from June 20 1837 until she died in January 1901. She was the daughter of Prince Edward, and was raised under extreme supervision by German born mother, Princess Victoria. Queen Victoria inherited the throne by age 18, after her three brothers unfortunately died.

Access to justice is an issue for those in society who do not have the financial means to effectively obtain a judicial remedy or enforce their legal rights in court. Such citizens require financial assistance to be able to afford the necessary legal assistance required to ensure that a fair trial takes place. In this essay, firstly there will be a discussion on the importance of access to legal aid to assist citizens who are not on state benefits, but lack the financial means (hereafter, vulnerable citizens) to obtain the necessary legal advice, support and representation (hereafter, legal assistance) in order to effectively access justice through the courts. The discussion will involve establishing the importance of access to legal aid for justice to effectively be accessed by vulnerable citizens. Secondly, there will be a discussion on the impact that the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (hereafter, LASPO Act) has had on access to justice and access to courts for vulnerable citizens. Legal aid is a necessary mechanism to ensure that vulnerable citizens can obtain the necessary legal assistance for justice to effectively be accessed through the courts. Since it gives vulnerable citizens a reasonable opportunity to present their case and obtain a fair outcome from the court.

The English army. In the eighteenth century, It was probably the most powerful force in the world. Picture columns and columns of red-coated men marching in unison, with rifles on their soldiers, ready to destroy any opposition. This army and the government that controlled it had an extreme amount of influence over the relatively young nation of America and it is easy to see why. It indeed had power over the colonies and could do as it wished. It could tax the people under its rule, occupy the cities that it wished, and take charge over the citizens of those cities. The Americans had many complaints against the British because of their power over them, some which they expressed in open battle, others which they grumbled to each other

Introduction: He Kaw Teh (1985) (He Kaw Teh) is one of the most prevalent cases in the history of criminal law in Australia in relation to analysis of mens rea, strict liability and absolute liability. This assignment will be examining the affects of removing the mental element of rape from s48 of the South Australian Criminal Law Consolidation Act 1935 (CLCA) and applying a He Kaw Teh (1985) analysis to determine if it ought to be necessary for prosecution to prove mental state in a prosecution for rape. To further the analysis there will be a deep discussion on the reasoning applied in in R v Clarke (2008) and if it is consistent with the application of He Kaw Teh. From this discussion, implications of the harm principle and legal moralism

The Supreme Court case, R v Vollmer[8], states that the appellant was convicted of murdering his de facto partner – where evidence as to the deceased’s past violent history in a previous relationship was available at the time of trial but not relied on by defence counsel – where there was no evidence led at trial or on appeal of a history of violence between the appellant and the deceased – where the appellant sought to rely on the defences of self-defence and provocation at trial under sections 271(2), 304 and 668E(1)[9]. Where the cases R v Hajistassi[10], R v Mogg[11] and Re Knowles[12] were applied as precedent to the final decision of the case.

Victoria was born on a spring day, May 24th, 1819, at Kensington Palace, in the then quiet suburb of London. "Plumb as a partridge" was her father's description of the baby, and she certainly bore a marked resemblance to her sturdy and robust Hanoverian ancestors who had ruled Great Britain for little more than a century at the time of her birth.