District Court of Western Australia Observation: February 22, 2019

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Courtroom Observation Report
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Contents
Details of Courtroom Observations.................................................................................................3
Question 1........................................................................................................................................4
Question 2........................................................................................................................................4
Question 3........................................................................................................................................4
Question 4........................................................................................................................................6
References........................................................................................................................................7
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Details of Courtroom Observations
Court Visited: District Court Of Western Australia In Criminal
Judge Name: Lonsdale DCJ
Court Location: 500 Hay Street, Perth
Date of Observation: 22 February 2019
Type(s) of Proceeding Observed: The proceedings related to a plea made against decision of
Magistrate Court with reference to a criminal act performed to harm the plantiff. The
proceeddings were disposed according to the Section 35, 95 and 99 of Criminal Procedural Act,
2004 (E-Courts, 2019).
Was the judge aware of this observation? Unknown
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Question 1
Based on the case observations, the judge was found to be neutral and consistent. The parties to
the dispute expected the judge to be impartial and a biased judge cannot provide justice. The
judge was seen to be open-minded about the case facts and focussed on deriving factual findings
based on the evidence presented by the parties. The judge did not present an opinion on the case
before hearing the parties and considering all the case facts and evidence. It is obviously
improper to abandon this sort of neutrality. For example- the judge cannot declare a party guilty
before the facts and evidence are presented (Chase & Thong, 2012). The judge avoided
abandoning the neutrality and presented the basis of the decision. This made him consistent,
neutral and principled.
Question 2
Being treated with respect and dignity is not an enforceable right but it surely is a moral right.
The people presented in the courtroom are obligated to treat the judge with dignity and respect.
Similarly, the other people presented in the courtroom must also be treated with respect and
dignity. During the courtroom proceedings, the judge maintained the court decorum and ensured
that the individuals presented in the courtroom feel safe and treated with respect and dignity. An
instance can be recalled here. During the cross-examination, there was a heated argument
between the advocates of both the parties. The judge used a soft tone to remind them that they
are standing in a courtroom and that they must maintain the decorum of the court. He treated
them with respect and responded to their queries politely and patiently.
Question 3
The judge hearing the case was very supportive and patient in hearing the arguments presented
by the parties. He requested the advocates and the parties to dispute to present their arguments in
a polite manner and himself used his soft skills to ensure that the proceedings go on smoothly.
He heard the parties with patience and entrusted them with confidence that they are being heard
and their opinions are being taken into consideration (Rottman & Tyler, 2014). When delivering
the judgements, he saw some disappointed in one party and excitement in another. Under these
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circumstances, the judge told both the parties to stay calm and maintain the dignity of the court
in a soft voice.
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Question 4
Considering all the above-discussed factors and the behaviour of a judge in the courtroom, if I
were to present myself in the courtroom, I believe that my experience would be exemplary and it
would also give me more confidence to present myself in any further proceedings. The judge was
very supportive and pleasant with the parties to the dispute and the legal authorities representing
the parties. No party was treated with disrespect or any unequal opportunities. In my opinion, no
litigant can expect more from any judge. Presenting myself as a litigant in the courtroom with the
same judge would be an opportunity as it would surely have influenced my motivation and
confidence positively.
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References
 Chase, O. G., & Thong, J. (2012). Judging judges: The effect of courtroom ceremony on
participant evaluation of process fairness-related factors. Yale JL & Human., 24, 221.
 Rottman, D., & Tyler, T. (2014). Thinking about Judges and Judicial Performance:
Perspective of the public and court users. Oñati Socio-Legal Series, 4(5).
 E-Courts, 2019. Rerekura -V- The State Of Western Australia [2019] WADC 16.
Available at:
https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/DownloadDecision?
id=b8a52002-713d-4611-a10b-beaabbdf1907 [Accessed on 30 March 2019].
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