Paper, Order, or Assignment Requirements

Scenario

The case being heard is about an assault causing bodily harm. It involved a fight between the accused (John Smith) and another person

The accused whilst drunk and high on an illicit drug did enter the property of a party and attempt to interact with a group of girls. With his attentions unwanted he was asked to leave the premises. The accused then becoming annoyed did threaten the defendant asking him if he wanted to ‘dance’ the defendant refused asking him to leave the accused struck him with a punch to the face. The defendant stood his ground asking the accused to leave the property while police were called. The accused then punched the defendant again resulting in one broken and several chipped teeth

 

The case was heard at the Downing centre on Monday 9 May

Accused person Mr J. Smith 27 year old male

Hearing the case Judge Green

Matter: Assault with bodily harm (see scenario)

Accused was represented by council

 

 

during the case the accused disclosed that he is a 27 year old male he has two young children he had been unemployed for some time and was to start work on Monday in a casual position

pleads guilty of drug possession but contests the assault charge saying asked the defendant if he wanted to dance

Arresting officer reported that the accused was remorseful at time of arrest and continued to be remorseful throughout the hearing It was heard that the accused also has two priors of assault and resisting arrest

Judge remarked that rehabilitation was an issue

 

Findings in the case accused 27 year old male j. Smith was found guilty with diminished responsibility due to being under the influence of illicit drugs he was sentenced to 250 hours of community service and must report to a probation officer

Accused was fined

Sequence 1 $5976 paid to victim

sequence 2 $550

Sequence 3 $330

 

Using the above case observe and report on the court system

 

Identify in the report

1. date and place of the hearing
2. Name of the accused person
3. Name of the judge
4. What is the court matter about
5. Is the accused person represented by council

 

In your short report, try to include the following detail and use ‘Dideys Rule of Law’ as a guide

 

Could this matter have been dealt with in another way

Is the interaction between the judge, the police prosecutor and defence council appropriate in terms of responsibilities

Did the accused person appear to understand what was happening

Did police give evidence in an appropriate manner

Using the Rule of Law definition by Dicey assess whether or not the court process could be improved

In this report you are required to demonstrate where possible an evidence based, analytical and critical understanding of the court process.