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Cases (1 Viewer)

miss-teek

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Joined
Jul 14, 2004
Messages
96
Location
Grafton, NSW
OK, I've had SO much trouble finding and writing about case stuidies
please help
i've got like thousands of articles on the redfern riot but what exactly could i say about it

i have got NO cases at all for consumer, so please helo

oh except for one. "WOULD YOU LIKE FRIES WITH THAT" it's about this woman on a Qantas flight who finds a frog in her salad, and it is turned over to Wires. But what could I write about it? please help
 

overthaedge

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Oct 23, 2004
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Hunters Hill
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HSC
2004
You don't neccessarily need articles per se... but, you really just need one case for crime, and youll need at least 3/4 for the two essays... whats your other elective other than consumer?

Cause yeah, can't help you with consumer, but I probably could with crime.
 

Gemstone

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Joined
Feb 3, 2004
Messages
299
Location
Central Coast, NSW
Do you mean case law or media articles. Because you can use that redfern riot stuff for crime. You just mention it and put a date at the end of it. For cases for crime you should probably mention Woolmington - Innocent till proven guilty and Dietrich - fair trial.

Consumers media articles can be all that stuff of on the Gonzales house. Cases - Donnahue and Stevenson, Grantt v Australia Knitting Mills heaps of other but those two you should be able to mention regardless of the question.

Hope that helped.
 
Joined
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Above you...look up
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overthaedge said:
You don't neccessarily need articles per se... but, you really just need one case for crime, and youll need at least 3/4 for the two essays... whats your other elective other than consumer?

Cause yeah, can't help you with consumer, but I probably could with crime.
you do need cases for the option essays, part of the criteria for a band 6 is 'use relevant legislation, cases, media articles etc'
 

overthaedge

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"youll need at least 3/4 for the two essays" - I was referring to the use of cases there... and when I use cases I integrate, different legislation and articles to back it up.
 

overthaedge

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Okay, for Crime I'm basically using the Skaf case, as it tends to be more flexible, then other cases. I don't know if your familiar with it, so forgive me if I seem to be talking down to you. So basically, 14 boys lured some girls to a various area. 1 boy called ahead, so he was an accessory before the fact. M and B, were two people who were principles, but as they were still calassified as children, as an effective form of protection, there names werent disclosed. However they were only sentenced 4 and 5 years respectively. This is as Judges could only give the maximum amount of years the statute allowed, as there was no real law for assault in company yet. Community outrage followed, so the Parliament had to fast-track a reform ammendment to the Crimes Act (Assault in company). Therefore, the next offenders who were brought to court, got an increase in years, to make it more effective for the victim.

Rv Mohamad Skaf- 44yrs, as he showed remorse, and was intellectually challenged, so they were some mitigating factors, which the judge had to take into account. He had a minimum term of 40yrs.
Rv Bilal Skaf (2002)- 55yrs, as some aggravating factors included that he showed no remorse, adn he was the leader.
Circumstances of hte offence includes- that it was cleverly orchestrated, strong mens rea and actus rea and causation. As they held the girls at knife point.

Not allowed bail due to the seriousness of the case, so they were on remand- so you can put that under criminal process. They didnt get legal aid as they failed the means test. Couldn't have any defences as they pleaded not-guilty.

Court heirarchy- They had a commital hearing at Bankstown local court to determine whether it was a prima facie case. So it was sent to the District Court, where a jury found them guilty beyond reasonable doubt.

Post-sentencing decision- Bilal was moved to a super maximum prison as he tried to escape. Also, both brothers applied to appeal their case due to media influence, it wasnt successful though.

You can also bring in problems relating to procedural fairness if jurors investigate themselves to have a re-trial. Also, with a retrial theres a problem with victims having to undergo trauma once more, as opposed to the rights of the alledged offender to have a re-trial.

Anyway, I hope that helped, basically, you have to incorporate the different dot-points and see where the case fits in with them. So, like if you have a question suche as "Factors affecting the sentencing decision will always reflect the values and standards of society" evaluate. One of the points would be mentioning mitigating and aggravating factors, defining them, then you would say, the use of these factors is reflected in the case of the Skaf brothers, then explain how it was used there, and just link it to a portrayal in some newspaper article or tv program.
 

lilems13

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Joined
Aug 12, 2004
Messages
27
Crime:
Dietrich v. the Queen - common law right to legal representation/fair trial
R v Dudley and Stevenson - Question of nessecity
R v Porter - Insanity grounds for a defence - found not guilty on grounds of insantiy.
Investigation into the town of Wee Waa - amendments to the crimes act in relation to DNA allowed police to test every male in the town.
Ronald Ryan - Last man to be executed in Australia - abolishment of the death penalty.


Consumers
Amardio - Shortcomings of consumer law - unconsionability
Barton v Armstrong - Duress
Grant v Aust. Knitting Mills - Implied terms - fit for the purpose
Gardam v George Wills and Co. - breach of trade practices act for mislableing of clothing.



Family - Ineffectivness of ADVOS - J. Lennons murder by her husband
Corbett v Corbett - post operative transvestite denied right of marriage to another woman.
Corbett v Corbett was overturned re. Kevin 2001
Hyde v Hyde and Woodmansee - defines marriage
R v Kina - demonstrates ineffectiveness of the law in regards to Aboriginal - customs and language. Kina was gaoled for 6 years for the killing of her husband before the ABC's four corners media report 'Excuse for Murder' was aired and her case was then reexamined. She was released by rule that justice had been miscarried at her trial.
B v J - Child support does not need to be donated by sperm donor.
 

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