Welfare Law: Property Theft and Homelessness

Running head: WELFARE LAW
WELFARE LAW
Name of Student
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1WELFARE LAW
Table of Contents
Introduction......................................................................................................................................2
Facts.................................................................................................................................................2
Issue.................................................................................................................................................3
Law..................................................................................................................................................3
Application......................................................................................................................................4
Conclusion.......................................................................................................................................5
Reference.........................................................................................................................................6

2WELFARE LAW
Introduction
In Australia a magistrates’ court is the lowest court where all criminal proceedings and
some family proceedings are heard. The role of a Magistrates court, limited to a smaller
jurisdiction, is to handle smaller civil matters and the matters relating to summary offence.
Unlike other courts the Magistrates’ Court does not have any jury. The court is presided over by
a Magistrate who has jurisdictions with cases related to general, minor and consumer and
business civil claims and criminal cases. The power to make decisions related to all the civil
matters is in the hands of the Magistrate. Other areas related to child offenders, sudden deaths,
domestic violence matters, matters relating to family law, civil cases involving money disputes
are also under the jurisdictions of the Magistrates’ courts. In the cases of serious offences the
court commits it to the District Court or Supreme Court for sentence or Trial. The observed case
was about property theft relating to shop theft and heard in the Magistrates’ Court. In the case it
was given that the offender had committed crimes relating to shop theft and burglary and was
further discovered that he was homeless and a heroin user.
Facts
In the case the offender had been prosecuted for property theft. The day before the
proceeding one officer saw the offender go to a local shopping centre and pick up 3 pairs of jeans
and put them on his backpack. Another officer saw the perpetrator picking up a black raincoat
and shoving it down his pants. It was further noticed by the two officers that the perpetrator went
out of the market walking past the cashier without paying for the amenities. The total theft was
estimated for about $64. The perpetrator was later arrested and four alms were returned. The