Hi everyone,
Since the new study design is being implemented this year, according to my legal teacher (who confuses the life out of me), we have to be able to synthesise Acts into our answers except (a) she hasn't taught us how to do it, and (b) she has no resources regarding how to do it
For example, if we get a case study about a home invasion, we should be able to mention that Section 77A of the Crimes Act 1958 talks about home invasions etc.
Can someone please clarify this for me because I'm really confused about the whole thing and want to do it right
Thanks :-)
Hey!
No no we're not supposed to know what section and what act any crime / civil action relates to (because it's impossible to memorise what section and what subsection.
You should just know the sections of the rights of victims, accused and rights of parties in civil law and where they are located in their acts.
What I think your teacher means is that you're expected to memorise a handful of cases (as in court cases that are going on currently) for every AOS. For example memorise a case (just memorise the summary) (and know how to cite it) where for e.g. the accused had to wait a lot until they could have their trial heard. Or a case where an accused was 'let off' on a less serious charge (plea negotiations) than what the communityand victims would have liked.
Then you can use case examples like this in your evaluate question. For example you explain a strength of plea negotiations (e.g. reduces time) but then however, the victim may feel that the accused has settled to plead guilty to a less serious crime and in this way the gravity of the original crime may not be reflected. This is where you insert your real life court case about the plea negotiations.
If you get a hypothetical case study (and it's criminal law) in your SAC / exam, just think if it's a summary / indictable and just state the name of the act, no section required.
e.g. Wow! home invasion is an indictable offence? I thought it would have been in the summary offences act....Sorry! so yeah just say Crimes Act 1958 if you get an indictable offence.
How to cite a legal case?
It's in the oxford textbook first few pages or I guess something called the toolkit - I can't remember on the top of my head.
But if it's like a newspaper article, then you just name the parties involved and the newspaper's name the case was mentioned.
Hope I haven't confused you!!
Thanks!