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Case Law Study in Ratio Decidendi - Essay Example

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The principle of Ratio Decidendi is very important in judgments and can make the difference between justice being dispensed and injustice being perpetrated. In the case of R v AS, a serious travesty of justice transpired and but for the timely and effective judgment of the Supreme Court of Queensland would have not been set aside.
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Case Law Study in Ratio Decidendi
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Download file to see previous pages After this the type of effect that this case has on the Magistrates' Courts of Queensland is discussed and explained. Subsequently, the question of law that the court had to address is discussed, along with the reason as to how the Court reached its decision. After this the steps that the police could have taken in their investigation are discussed.
Finally, the far reaching results of this decision and the events of this case are discussed. Throughout the discussion relevant case law is discussed to elucidate the subject matter. In the case of R VS AS, in the early hours of the 10th of November 2001, a male person entered Ms W's residence in Lowood and made an attempt to rape her.
However, she was successful in repulsing his attacks and her attacker after punching her in the eye, escaped from that place. Ms W described her attacker as being a tall aboriginal wearing a yellow T shirt and pants which were of some heavy material like jeans.
Further, she stated that she had seen this person in the driveway of the flats and that she had been informed his name as being AS prior to being attacked. After being attacked she went to Ms D's premises for help.
Later on Jason Crowther the police sergeant arrived and he described the morning as being overcast with drizzling rain. He also stated that espied a man riding a bicycle and wearing a cream coloured shirt and identified him as being A. However, his notes did not refer either by name or as being an aboriginal.
On the very same day Ms W identified A after seeing a photo board at the police station of young aboriginal males. During cross examination she stated that she had based her identification on the fact that she had seen A in her neighbourhood. It was also revealed that W generally wore glasses and that her eyesight was so weak that even in the courtroom she was not able to clearly distinguish the features of the counsel cross examining her.
It also came to light that at the time of the assault she had not been wearing spectacles. After being punched in the face her eye was so swollen that she made no attempt to wear glasses and consequently, she was not wearing them while seeing the photo board at the police station.
She also admitted that at the time of the assault it was quite dark in her room. She stated that she confirmed her identification of the rapist only after seeing the photo board.
Furthermore, the Crown did not give any evidence as to how they had selected the particular photographs that were shown to W and she stated that she had only obtained a glimpse of the assaulter's rear while he was escaping through a gap that he had made in the screen door.
The other evidence was restricted to making an attempt to establish that AS was seen in that particular neighbourhood at that time. In addition to sergeant Crowther, the ambulance driver also stated that he had seen a tall aboriginal in a yellow T shirt walking in that area. One Yacoob Moola, the owner of a Service Station in that area also identified this person who had come to make purchases at that early hour. His son Ahmed Moola saw AS riding a bicycle around that time.
Similarly, Douglas and Peggy Heathcote also deposed that they had seen a young Aboriginal standing in the ...Download file to see next pagesRead More
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