CRIMINAL COURTS RESEARCH PAPER Essay Example

  • Category:
    Law
  • Document type:
    Essay
  • Level:
    Undergraduate
  • Page:
    3
  • Words:
    2001

10CRIMINAL COURTS RESEARCH PAPER

CRIMINAL COURTS RESEARCH PAPER

Criminal Law and Justice: Criminal Courts Research Paper

Introduction

While participating in numerous cases in the NSW criminal courts, I noted that the judge has to take into account a number of factors before making a sentence on an offence. Particularly, I learned that there is no correct sentence for a certain offence since each offender and offence has specific characteristics which influences the duration and severity of the sentence. I found it interesting that a judge have to offer a fair sentence after considering the
severity of the crime
as well as certain circumstances. I spent 3 full days observing criminal matters at the local, district and supreme courts, whereby I observed that the local was the first tier court that handles most criminal prosecutions but have no juries. After the local court, the district court is the next highest court, whereby all criminal offences aside from piracy, treason and murder are handled. The next highest court is the Supreme Court which operates on an appellate level and divisional level. I observed that matters handled in the Supreme Court are mostly serious criminal cases such as murder, breach of contract, drug related charges, and many other case. In this paper, I investigate the issue of fair trial and the challenge associated with use of shortcuts with the view to two cases in the local court and district court.

Use of Shortcuts

At the local courts, I noted that laying the legal foundations was a thought-provoking task. In
the Bianca Lsgro v Roads & Maritime Services case, I learned the importance of details while defending against a criminal charge. In this case, the trucker (Bianca Lsgro) was accused by Roads & Maritime Services for violating the ordinance that prohibits overweight trucks on the local roads.1  The defendant declined the charges alleging that the prosecutor relied only on the testimony concerning the truck’s weight, which came from an officer’s rough estimate regarding the possible weight of the truck.  Therefore, she believes that the prosecutor failed to follow the right channels for establishing the weight of the truck using the officer’s testimony; thus, the court dismissed the case.

I found interesting that the court dismissed the prosecutor’s evidence because the officer testified with regard to the estimates of the truck’s weight without laying a legal foundation. The officer had
stopped the truck after noticing that the driver was turning of the State road.  The trucker had no knowledge about the area; therefore, she was following the GPS suggested route. For that reason, the officer deemed that the trucker was driving an overweight truck on the local road, which violates the local ordinance.2 I agree with court decisions since it is groundless to accuse someone using estimates, which cannot verify, beyond a reasonable doubt that the truck was beyond the required standard weight.

I failed to understand how an experienced and trained would recklessly estimate truck’s weight and expect the local court to accept the unfounded statement. With view to the local court decision, I am certain the principle of legality in Australia has hardened and can be used where common law freedoms and rights are engaged.3 The local court decision to rule in favour of the trucker enabled me to understand that a sentence is imposed not just to deter or punish, but also to retain the public confidence. The criminal justice system must retain a public confidence so as to be able to function effectively.4 I realised that using estimates as a testimony in a criminal case is a technique utilised by many officers and law enforcers to cut corners in pursuing the set procedure in order to charge suspects as easily and quickly as possible. This can be associated with the conflicts over values and in aims, which could eventually taint the criminal justice system.5

Fair Trial

august she discovered that a lot of house valuables were missing. More astonishing was the fact that there was no forced entry; this left me wondering how the suspect managed to gain entry into the residence.th august she travelled to Perth with her kids and when she returned on 27th Dixon was charged for criminal trespass, burglary, and numerous counts of theft through illegal taking. On that day, the court dismissed other charges except the burglary charge, and was given a bail of A$ 7,500. The victim told the law enforcers that on 246In the district court, more serious cases such as home invasion and burglary are handled. In the R v John Garry Dixon case, the suspect was accused of breaking into a residence in Illawarra and stealing items worth A$ 8,000.

9burglary is considered a less violent crime, i saw the victims in the court look traumatised; therefore, the crime could result a life-threatening effect. Apart from economic losses associated with burglar, it can also bring about negative psychological effects. Although 8incidents in 2010.burglary NSW has increasing; for instance, there were more than 40,000 The victim immediately reported to the police and the suspect was arrested two days later after being tipped of a man trying to sell some valuable items at a throwaway price in an Indian shop. The incidence of burglary in7 august, but the neighbours did not raise any alarm because they thought that it was her husband who works with a truck company.thShe inquired from the neighbours and was told that black truck was seen around her compound on 25

Conclusion

To sum up, the decisions made both at local court and district court clearly depicts the high levels of NSW public confidence since suspects are treated in a respectful and fair manner. I have realised that the level of knowledge with regard to justice and crime exert an enormous independent effect on confidence levels in every aspect of the justice system. I was enthralled by the level of efficiency in the local courts considering that the handle a large volume of case as compared to district and Supreme Court. Still, the propensity of the officers and law enforcers disregarding the set procedures as evidenced in the Bianca Lsgro v Roads & Maritime Services case demeans the efficiency of NSW criminal justice system.

Bibliography

  1. Articles/ Books/ Reports

Argun, Uğur and Murat Dağlar, ‘Examination of Routine Activities Theory by the property crime’ (2016) 13(1) International Journal of Human Sciences 1192.

Daly, Kathleen,’Aims of the Criminal Justice System’ In Marinella Marmo, Willem De Lint and Darren Palmer (eds), Crime and Justice: A Guide to Criminology (Lawbook Co., 2012) 3.

Fitzgerald, Jacqueline and Suzanne Poynton, ‘The changing nature of objects stolen in household burglaries’ (2011) Bureau Brief 1.

Jones, Craig and Don Weatherburn, ‘Public Confidence in the NSW Criminal Justice System: A Survey of the NSW Public’ (2010) 43(2) The Australian and New Zealand Journal of Criminology 506.

Meagher, Dan, ‘The Principle of Legality as Clear Statement Rule: Significance and Problems’ (2014) 36 Sydney Law Review 413.

Bianca Lsgro v Roads & Maritime Services, Downing Centre Local Court, 13/9/2016

R v John Garry DIXON, Parramatta DC Court 1 Parramatta, 14/9/2016

  1. Court Attendance Log

Date attended

Time observed

Court Location

Judge/ Magistrate

Type of hearing/Charge

9:00-9:45

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

Louay Chahal v New South Wales Police

Mention(Other)

9:45-9:51

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

Nathan Tomlinson v NSW Police

Mention(Fraud)

9:51-10:04

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

R v SKYE FITZPATRICK

Mention(License invalid)

10:04-10:15

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

Bianca Lsgro v Roads & Maritime Services

Appeal(Truck overweight)

10:15-10:25

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

Nicole Malcolm v Roads & Maritime service

Appeal (Expired license )

10:25-10:39

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

R v Luke Agati

Mention (Other)

10:39-10:50

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

Shane Neagle v State Debt Recovery Office

Mention (Police)

10:50-10:53

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

WILLIAM BRADLETY ANDREWS v Roads & Maritime Services

License Appeals

10:55-11:01

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

R v J E T Group Australia

Return of Subpoena

11:01-11:15

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

R v Remondis Australia Pty Ltd

Mention (other)

11:15-11:30

Local Crt 4.3 ,Downing Centre

Local Court Deputy Chief Magistrate Mottley

Jack Thomas SUGDEN v Roads & Maritime Services

License Appeal

09:30 – 09:35

Parramatta DC Court 10 Parramatta

Judge J Culver

R v JAMES LAI

09:40 – 09:45

Parramatta DC Court 1 Parramatta

Judge M Sides

R v Saleh ATASOY

09:50- 10:00

Parramatta DC Court 1 Parramatta

Judge M Sides

R v John Garry DIXON

10:00 – 10:07

Parramatta DC Court 3 Parramatta

Judge. Colefax

R v NICHOLAS FENECH

10:10 – 10:15

Parramatta DC Court 3 Parramatta

Judge. Colefax

R v ANTHONY KLONARIS

10:20- 10:25

Parramatta DC Court 9 Parramatta

Judge J Bennett

R v HASSAN ZRAIKA

10:30- 10:35

Parramatta DC Court 9 Parramatta

Judge J Bennett

R v AHMED ZRAIKA

10:40- 10:45

Parramatta DC Court 3 Parramatta

Judge R Letherbarrow

R v CHRISTOPHER MARC PORTER

10:48- 11:00

Parramatta DC Court 2 Parramatta

Judge S Herbert

14:00 – 14:15

Parramatta DC Court 9 Parramatta

Judge J Bennett

R v Hoang Minh Nguyen

9:00 — 9:04

Law Courts Building Court 9C Queens Square Sydney

Registrar C Bradford

Paul Parepano Duncan v Commissioner of Police

Directions

9:04 — 9:09

Law Courts Building Court 9C Queens Square Sydney

Registrar C Bradford

Permanent Mortgages Pty Limited v Judy Anne Feeney

Directions

9:09 — 9:12

Law Courts Building Court 9C Queens Square Sydney

Registrar C Bradford

Power Grid Cables Pty Ltd v Essential Energy

Directions

9:13 — 9:15

Law Courts Building Court 9C Queens Square Sydney

Registrar C Bradford

Thomas Gibb Milne v Dr Robert Favaloro

Directions

9:15 — 9:20

Law Courts Building Court 9C Queens Square Sydney

Registrar C Bradford

Volkswagen Financial Services Australia Pty Limited v Stephen John Leonard Rechter

Directions

9:25 — 9:27

Law Courts Building Court 9C Queens Square Sydney

Registrar C Bradford

State of New South Wales v William Bird

Directions

9:45-11:00

District Crt G4, Downinn Centre

Judge C Jeffreys

R v JARROD BEAVER

11:00 – 11:12

Law Courts Building
Court 12B Queens Square Sydney

Acting Chief Justice M .Beazley
Justice R McColl
Justice R Macfarlan

Pty Ltd v DDI Group Pty Ltd

11:15 -11:30

Law Courts Building
Court 12A Queens Square Sydney

Justice J Ward

Australian Federation of Islamic Councils Inc v David James Farrell

Judgment

11:30 – 11:45

Law Courts Building
Court 12A Queens Square Sydney

Justice F Gleeson
Justice M Leeming
Justice Anthony Payne

Mina Attia v Caird Seven Pty Ltd

Concurrent Hearing

2:00 — 2:10

Law Courts Building
Court 13A Queens Square Sydney

Acting Registrar K Curry

v Mark Anthony Pitt

Notice to Appeal

2:15 — 2:30

Law Courts Building
Court 13A Queens Square Sydney

Acting Registrar K Curry

R v Michael LOUMBOS

Notice to Appeal

1
Bianca Lsgro v Roads & Maritime Services, Downing Centre Local Court, 13/9/2016

2
Bianca Lsgro v Roads & Maritime Services, Downing Centre Local Court, 13/9/2016

3
Dan Meagher, ‘The Principle of Legality as Clear Statement Rule: Significance and Problems’ (2014) 36 Sydney Law Review 413.

4
Craig Jones and Don Weatherburn, ‘Public Confidence in the NSW Criminal Justice System: A Survey of the NSW Public’ (2010) 43(2) The Australian and New Zealand Journal of Criminology 506.

5
Daly, Kathleen,’Aims of the Criminal Justice System’ In Marinella Marmo, Willem De Lint and Darren Palmer (eds), Crime and Justice: A Guide to Criminology (Lawbook Co., 2012) 3.

6
R v John Garry DIXON, Parramatta DC Court 1 Parramatta, 14/9/2016

7
R v John Garry DIXON, Parramatta DC Court 1 Parramatta, 14/9/2016

8
Jacqueline Fitzgerald and Suzanne Poynton, ‘The changing nature of objects stolen in household burglaries’ (2011) Bureau Brief 1.

9
Uğur Argun and Murat Dağlar, ‘Examination of Routine Activities Theory by the property crime’ (2016) 13(1) International Journal of Human Sciences 1192.