An Analysis of Media Report on Trial and Hearing of Leuwin O’Connell

This assignment provides an analysis on the trial and hearing of Leuwin O’Connell, a labor staff, in relation to the charges regarding fraud, an intention to commit fraud and theft in the Office of Josie Farrer, State MP.

Running head: AN ANALYSIS OF MEDIA REPORT
AN ANALYSIS OF MEDIA REPORT
Name of the Student
Name of the University
Author Note

1AN ANALYSIS OF MEDIA REPORT
This assignment provides an analysis on the trial and hearing of Leuwin O’Connell, a
labor staff, in relation to the charges regarding fraud, an intention to commit fraud and theft in
the Office of Josie Farrer, State MP.
Laws that are involved
The laws that are involved are discussed below:-
Contract Law
The Contract Law of the nation of Australia, specifically the contracts in relation to
services govern and administer the staff that are regarded as under the Department of Premier
and Cabinet. The contract laws mentioned above can be applied in the given situation because
there is an existence of a contract of employment between the labor staff and the Department or
the Body to which it is subject to. The invoices, regarding the expenses of the air-charges and the
accommodation or lodging charges, which were submitted, were altered by Ms. O’Connell.
Afterwards, these changed invoices were submitted for the purpose of reimbursements from the
Department. The above-mentioned actions of Ms. O’Connell resulted in the violation of the
contract that she was involved in along with the Department.
Criminal Law
In the given situation, the Criminal Code Compilation Act of 1913 may be utilized in
relation to a criminal law. The Criminal Code Compilation Act that was enforced in the year of
1913, is a criminal law that is codified and organized and also comprehensive, and governs and
administers the Western part of the nation of Australia. There are three rudiments on the basis of
which, if fraud has been committed or not, is determined. Firstly, a substantial statement that is
false, has been made. Secondly, the intention in making such false declaration is deception and

2AN ANALYSIS OF MEDIA REPORT
dishonesty. Thirdly, the false declaration that is made is relied upon by the individual who
suffered. It is due to these three rudiments of fraud that criminal law is pertinent in the given
situation. The individual who is making such false declaration must be aware of the fact that the
statement that is made by him is untrue1.
Functioning and the operation of the law
Ensuring rational predictability in the daily life
High levels of duty have been delegated by Ms. Farrer, to her staff. It is sensible that she
should be mindful and alert regarding the probable danger in relation to fraud or
surreptitiousness or any kind of secrecy.
Inspires and dejects certain conduct
A law always encourages and inspires any action or inaction that involves honesty and
the kind of information that may be delivered or provided. It is very evident that any action or
inaction that may produce false information or involve any kind of deception and dishonesty, is
always discouraged by law.
Granting of powers and rights to individual persons or association of persons
Right to fairness and justice is granted by the criminal law to any person who is the
victim and has underwent suffering of any kind of harm or injury as a result of any wrong
committed by any other individual. The right to any kind of civil remedies in relation to suits of
civil nature, damages, any order of injunction and rescission or cancellation of a contract, is
granted by the civil law or the law of torts.
1 Bisset v Wilkinson [1927] AC 177

3AN ANALYSIS OF MEDIA REPORT
Imposition of obligations in order to meet legal responsibility
The law of contract levies accountability on an individual who is a party to a contract in
relation to the responsibility of such individual to perform the contractual duty. The contract law
levies accountability on another party to the contract to pay a consideration in any form for the
services provided by the opposite party. The criminal law imposes a responsibility on all
individuals to ensure that their actions or inactions are morally and ethically sound. The criminal
law provides that individuals and associations of such individuals should work to promote
coherence and congruence in the community.
Allow the enforcement of acknowledged duties and rights
The criminal law utilizes the manner and the provision of the punishments so that the
rights and the obligations of an individual or an association in relation to populace of the society
are enforced. In the case of law of contract, the rights and responsibilities of the parties as
mentioned in the contract are permitted. The responsibilities and the rights of the parties to a
contract are identified according to the terms provided in the contract manifestation.
Provision of remedies if an injustice has been done
In the case of contract law, the remedies are provided by the courts through orders in
relation to damages, injunctions and rescission or cancellation of contracts. The rights of an
individual in contract law can be exercised any other individual or individuals who are parties to
the contract. These rights cannot be enforced against the populace in general.
The criminal law provides remedies when it provides punishments according to the
provisions of various legislations. It involves payment of fines and imprisonment. In many
situations, both fines and sentence of imprisonment are levied. On a very rare occasion, capital

4AN ANALYSIS OF MEDIA REPORT
punishment may be given depending upon the gravity of a particular case. The rights as provided
under the criminal law can be exercised against the general populace and the society as a whole.
Application of the laws
It has been stated by the Common law in the earlier times that all the promises cannot be
enforced. In the present times, there has been developments regarding the contract law. In
relation to promise, a development of the present form of contract law has been given effect to
on the foundations of an old concept. This development is that a promise can be made obligatory
by the action of assumpsit2. According to the law of contract of the nation of Australia, it is a
known fact that a contract can be made regarded as valid only after all the necessities of a
contract are fulfilled in a given agreement. The law of equity also has quite a relevance in the
nation of Australia. When a particular contract has been violated, then the principles of equity
law has been applied in such situations in order to adjust the terms of the contract and the
solutions regarding the violation.
The Criminal Code Compilation Act enforced in the year of 2013 provides provisions
regarding the crimes committed that relates to misrepresentation and fraud. Specifically, section
409 of the aforementioned Code provides in relation to misrepresentation and fraud.
Section 371 of the Code provides in relation to stealing. It mentions that if an individual
takes the possession of a property that belongs to another individual who actually owns the
property, and the owner is deprived of his rights in such process, then such an act shall be
considered to be stealing. It must be established by the owner that the property was taken by the
individual, without the knowledge of the owner.
2 Turner v Bladin (1951) HCA 13

5AN ANALYSIS OF MEDIA REPORT
The study that is done in relation to the media report involves a detailed scrutiny and
utilization of the contract law as well as the criminal law. In the given case study, the report of
the investigation that was held against the staff mentioned that no surplus or irregular expenses
in relation to the accommodation and the airfare could be recognized. The findings of this report
can be utilized by the staff as basis for defense in her favor. However, if it can be proved that the
five artworks that was stolen from the office of Ms. Farrer is in the possession of Ms. O’Connell,
then Ms. O’Connell can be made accountable on the grounds of stealing.
Influence of public perceptions by media about law and the impact of
populace pressure on judges and legislators
Among other functions, the media performs a significant role in relation to the
acknowledgement of various laws and the regulations regarding such laws by the populace in
general3. Even when the government is responsible for the enforcement of statutes and other
legislations, the ultimate responsibility is in the hands of the common populace. If there is any
drawback of a particular legislation which has been pointed by the general populace, then a
pressure is created upon the government or the administration to alter and modify such
legislation accordingly.
3 McCombs, Maxwell. Contemporary public opinion: Issues and the news. Routledge, 2017.

6AN ANALYSIS OF MEDIA REPORT
References
Bisset v Wilkinson [1927] AC 177
Criminal Code Compilation Act, 2013
McCombs, Maxwell. Contemporary public opinion: Issues and the news. Routledge, 2017.
Turner v Bladin (1951) HCA 13