This report provides a comprehensive analysis of a welfare law case involving domestic violence. It discusses the facts of the case, the legal implications, and the need for a fair resolution.
Contribute Materials
Your contribution can guide someone’s learning journey. Share your
documents today.
Running head: WELFARE LAW1 Welfare Law
Secure Best Marks with AI Grader
Need help grading? Try our AI Grader for instant feedback on your assignments.
WELFARE LAW2 Executive summary The report is focussed upon the observation pertaining to proceedings before a court of law as far as the hearings of the respective case is concerned accordingly. The case implies domestic violence with regard to welfare law accordingly as far as the aspect pertaining to welfare services for domestic violence is concerned in order to address the issues in a proper and appropriate manner accordingly. It intends to delve into the matter relating to domestic violence in an analytical manner accordingly.
WELFARE LAW3 Introduction The main aim of the report is to present an overview of a case relating to welfare law witnessed at the local court as far as the jurisdiction of the Australian state of New South Wales is concerned. The analysis of the law pertaining to welfare would be taken into account accordingly. The case pertaining to the report would be domestic violence thereby implying the facts and circumstances that led to the case being heard before the court accordingly. The case would be analysed in a proper and appropriate manner as far as the comprehensive solution to be derived is concerned. Case analysis The case was being heart before the local court at Blacktown, a suburb near Sydney. It was known as R v Stephen and the subject matter of the case was domestic violence as far as the law pertaining to welfare is concerned accordingly. The aspect of the domestic violence of the case implies that Mr. Stephen had committed assault over Mrs Shera and the police arrested him accordingly. It is inferred form the facts of the case that Mr. Stephen and Mrs Shera had met each other online and started to date each other subsequently. All of a sudden, Mr. Stephen came towards Mrs Shera’s house in Quakers Hill, a suburb near Sydney and started to create nuisance accordingly. He started to shout not only at her but also at her neighbours as far as the facts of the case are concerned. He also threatened to put her house on fire if she did not come out of her house within fifteen minutes thereby killing her and her children accordingly. He picked up quarrel not only with her but also her neighbours as far as the facts and circumstances of the case are concerned. As a result, police was called by Mrs Shera as she was hit on the face by Mr. Stephen (Smyth, Hunter, Macvean, Walter & Higgins, 2018). The video with regard to the interviewing of Mr. Stephen by two police was being played in the court room during the course of the proceedings of the case as far as the averment of the police prosecutor is concerned. In the interview, it is stated by Mr. Stephen that he was called for a wine party by Mrs Shera at her residence in Quakers Hill. They both enjoyed their drinks together and thereafter, they watched the kids playing accordingly. Mr. Stephen went to bed at midnight and woke up at six o clock in the morning as observed form the interview. He packed up his stuff and left the house subsequently (Hayden, Gelsthorpe & Morris, 2016). After making an exit from the house, he witnessed that two men are quarrelling with each other. Subsequently, Mrs. Shera started yelling at him in an unreasonable manner. As a result, a physical violence broke out between Mr. Stephen and Mrs. Shera thereby leading to the fact that the police came and arrested Mr. Stephen accordingly. Additionally, in the interview, Mr. Stephen claims that the arrest by the police was unreasonable (Douglas, 2015). As a result, it is imperative that Mr. Stephen was not in his senses as a result of drinking wine since in the interview to those police officers; he states that they arrested him without assigning any reason. Since Mr. Stephen claims that the two men were quarrelling with each other, it is to be taken into account and conclusively established with credible evidence whether he was involved in the quarrel or not since the facts imply that he had a fight with the neighbours along with Mrs. Shera. It is to be seen whether there was a de facto relationship between Mr. Stephen and Mrs. Shera since they
WELFARE LAW4 were not married to each other according to the facts and circumstances of the case. The aspect pertaining to domestic violence is applicable in the instances relating to de facto relationship along with marriages as far as the family laws are concerned accordingly. As a result, it is established that there was domestic violence between Mr. Stephen and Mrs. Shera accordingly. However, it is to be established that who was the actual perpetrator of the domestic violence since both of them consumed alcohol in the form wine accordingly. It is imperative form the facts of the case the police had been called by Mrs. Shera as she was not only hit by Mr. Stephen but was also threatened by him that her house would be burnt thereby killing her and her children. As a result, it is implied that criminal charges are to be framed against him if it is established that he was the one behind the initiation of violence (Broady & Gray, 2017). However, a fir chance and opportunity must be provided to Mr. Stephen accordingly as far as the aspect pertaining to natural justice is concerned with regard to the rights concerning the accused accordingly. Counsellors and community organisations involved in providing welfare services pertaining to domestic violence must also be consulted accordingly as far as their expertise is concerned in this regard. It would imply the aspect pertaining to fairness for both Mr. Stephen and Mrs. Shera as far as the derivation of a comprehensive solution at the earliest is concerned accordingly. Furthermore, the people in the neighbourhood who witnessed the incident and were threatened by Mr. Stephen and assaulted by him subsequently should also be provided with an opportunity to provide their own testimonies accordingly as per their observation without any coercion. Ethical considerations and dispute resolution The ethical considerations in the case imply the compliance of professional ethics on part of the prosecution and defence. Misleading the court by fabrication of facts and evidence by any of the counsel appearing for the parties would be considered unethical accordingly thereby resulting in stringent action to be initiated and undertaken against the counsel concerned. As implied form the facts of the case, it seems that the means of dispute resolution is by the virtue of litigation in a court of competent jurisdiction in the desired manner accordingly as far as the system related to criminal justice is concerned. Local Court of New South Wales The Local Court of New South Wales before which the case is being heard in the Blacktown Local Court located in Blacktown, a suburb of Sydney. Taking account of the subject matter of the case, the Blacktown Local Court is competent with regard to the hearing of such kinds of cases accordingly as far as domestic violence is concerned. The Local Court of New South Wales has jurisdiction over civil and criminal cases accordingly with regard to the location of the court and the area where the offence has been committed accordingly. The aspect pertaining to trouble with neighbours is also dealt with the Local Court of New South Wales accordingly.
Paraphrase This Document
Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
WELFARE LAW5 Conclusion As observed form the aforesaid, it can be deduced by stating that there is an instance of domestic violence if it is concluded upon that Mr. Stephen and Mrs. Shera were involved in a de facto relationship as they were dating online prior to their actual meeting accordingly. Such kind of facts has been inferred upon as a result of the proceedings observed in court accordingly.
WELFARE LAW6 References Broady, T. R., & Gray, R. M. (2017). Taking Responsibility: Psychological and attitudinal change through a domestic violence intervention program in New South Wales, Australia.Int'l J. Soc. Sci. Stud.,5, 68. Douglas, H. (2015). Do we need a specific domestic violence offence.Melb. UL Rev.,39, 434. Hayden, A., Gelsthorpe, L., & Morris, A. (2016).A restorative approach to family violence: Changing tack. 4thed. Abingdon: Routledge. Smyth, B. M., Hunter, C., Macvean, M., Walter, M., & Higgins, D. J. (2018). Education for family life in Australia. InGlobal perspectives on family life education(pp. 93-113). 7thed. Cham: Springer.