This report provides an observation of a criminal case in a courtroom in Australia. It covers the contents of the case, technicalities involved, and personal observations. The report aims to share insights into the working of the legal procedure in practice.
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Running Head: REPORT0 [School] [Course title] REPORT ON COURTROOM OBSERVATION AUSTRALIA
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REPORT1 Table of Contents Introduction....................................................................................................................................................2 Contents of the case....................................................................................................................................2 Technicalities in content.............................................................................................................................3 Observation....................................................................................................................................................4 Conclusion.....................................................................................................................................................4 Bibliography...................................................................................................................................................5
REPORT2 Introduction A place which acts like a tribunal and is comprised up of a body of people i.e. the judges or magistrates and deals with the civil or the criminal matters is called as court. It is very important for the students who wants to peruse law as their career to attend the hearing of the court cases very efficiently so to gather live information about the working of the legal procedure in practical or while been practiced. So the main aim or the purpose behind the formation of this report is to share my personal observation with the people at large. While proceeding through this report I would step by step cover many points such as the contents of the given case, used technicality within it, my personal observation regarding the legal personals and the environment of the courtroom and then lastly will conclude the entire report by an ending note which will reflect entire of my perspective. Observation is very essential to gain knowledge about the things happening around us. So one must always be a good observer. Contents of the case It was 28thof August 2019 i.e. Wednesday, when I had a visit to the Bankstown local court for observing a criminal case. Mohamoud Abdihashi was the defendant of the going on case hearing and Michael Smith was the presiding officer i.e. the judge present there for hearing both the parties i.e. plaintiff and defendant and deciding over their matters. The defendant was charged with having committed robbery in a company, which is covered under section 97 of the Crimes Act 1900(Lanham et al., 2006).Where it was determined that if a person present incompany and uses a very dangerous or offensive weapon for stealing or making an attempt for stealing something from the other person then he or she may be awarded with the maximum imprisonment up to 20 years and other penalties could also be imposed over him. Here the term company means commission of a crime with the help of others being teamed up with the offender. The nature of the case was the summary hearing which is that procedure where the summary of an offence as well as some indictable offences are discussed(Quilter & McNamara, 2013). Here in the hearing of the court hears the evidences of the police and also from the side of the parties to reach a conclusion that whether the defendant are guilty or not, or whether the case must be heard by this court only or must be passed to some other court for further jurisdiction (Lee, 2009). The accused here had pleaded to be not guilty of having been committed any offence. He had that much courage to do so because he was been legally represented by the OXFORD Lawyers.TheOXFORDLawyersaretheoneswhomakesadevotedlegalteamfor representing their clients who are been facing all the types of allegation starting from the traffic matters to the criminal offences which are very serious in nature(Kyriakakis, 2007). No case is considered as small or big for these lawyers and they tend to attend the person immediately from the very movement when he falls into the trouble and get exposures to the police matters
REPORT3 for assisting and ensuring that person that they would take care of their legal rights and will protect them from being getting exploited. The facts of the case are as follows It was around 1 am on 16thof June 2019 when a group of seven boys were arrested by the police for having been committed the offence of bashing and stealing the personal goods which also included a car of the people who were very innocent and were walking by their car. Immediately police was been called and informed of the entire scenario. Troop of police entered with a squad of dog. Here Mohamoud also got arrested even though he was claiming that he was innocent and was just standing around the place where this incident had occurred. The main reason given by the police to arrest he was that he was found hanging around with those people who had done this crime of stealing and was present exactly at the place on the same time when the crime took place. After hearing the case the court had decided to adjourn the case and gave them a different date of hearing. All these could have been made possible because the police did not have sufficient evidence to prove him guilty of committing an offence. Further the accused was also released on bail upon certain conditions that he has to come up to the Bankstown police station every day and sign the register till the next date of hearing and also he was prevented or disallowed to hang up around those six other boys with whom he was been charged with. Technicalities in content In the court I saw the legal personnel such as the judge, the advocates, the OXFORD lawyers, and the registrar. The judges are the most respected persons and holds the place of an empire in the court which is the most important post, They are the ones who hear the case from both the sides of the party, collect evidences from them and come up to a conclusion or decide the result of the case that whether the person is held guilty or the case must be passed to the upper court for the further jurisdiction. Lawyers or the advocates are also known as the representatives of both the parties of the case in the court. It is very difficult for a common person to have the knowledge of all the facts which an advocate may have after completing his studies in law and being the professionals by registering themselves in the bar councils. With their intelligence they guide the people and fight for their rights and help them to secure their rights against the ones who may hamper them. Registrars are the one who guides the parties with all the rules and regulations of the court and also help them to show the correct path for getting justice in the court or else it would have even become difficult for a person to even know that he must go to which courtroom for filing his case.
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REPORT4 All the legal entities were dressed very in white shirts and black formal trousers with a black jacket which was a certain different for both the advocates and the judge. They were very decent in appearance and were very formal while talking to the judge and also with each other when needed. The language used was complete legal in nature that it half of the things bounced above my head while hearing the case. Observation I got to know many things which would have been difficult to understand just by reading millions of books. Observing things personally seemed very different and exciting from the ones I had always seen in the movies and read in the books. Module 2.2 and 3 of NSW court had lend a helping hand in understanding the things better i.e. regarding the jury system, different procedures held up in the court, and about many other things of which I had never been came across. Though I had faced certain difficulties in understanding the court’s language but my overall experience was really very good and full up of thrills and new experiences which had completely fulfilled my expectations of the visit there. Conclusion Observing things is very essential for a person to gather information and knowledge about the things happening around us. Basically for the law students who are really confused for choosing their career in this field are to attend the court sessions for gaining all the essential and relevant information relating to the legal field.
REPORT5 Bibliography Kyriakakis, J., 2007. Australian prosecution of corporations for international crimes: the potential of the Commonwealth Criminal Code.Journal of International Criminal Justice, 5(4), pp.809-26. doi.org/10.1093/jicj/mqm047. Lanham, D., Wood, D. & Bartal , B., 2006.Criminal Laws in Australia. Australia: Federation Press. Available at:https://books.google.co.in/books? id=D97doQ1iZx4C&dq=crimes+act+1900+australia&source=gbs_navlinks_s. Lee, J., 2009. Conflicting views on court interpreting examined through surveys of legal professionals and court interpreters.Interpreting, 1(35-56), p.11. doi.org/10.1075/intp.11.1.04lee. Quilter, J. & McNamara, L., 2013. Time to define the cornerstone of public order legislation: The elements of offensive conduct and language under the Summary Offences Act 1988 (NSW). UNSWLJ, 36, p.534. Available at:https://heinonline.org/HOL/LandingPage? handle=hein.journals/swales36&div=26&id=&page=.