BB107 Commercial Law: Court Observation Report, Melbourne Magistrate

This report details a student's observation of court proceedings at the Melbourne Magistrate's Court, focusing on a drug peddling case. The report covers the facts of the case, including the arrest of the accused with cocaine, and the arguments presented by both the defense and state counsel. Key issues examined include the legality of the arrest, adherence to legal provisions, and the accused's right to remain silent. The report also describes the courtroom environment, the roles of various participants, and the adversarial nature of the case. The student reflects on their expectations versus the reality observed, particularly regarding the preparedness of the state's counsel and the actions of the police. The report concludes with learnings about the application of the Drugs Act and the importance of judicial knowledge and professional conduct in legal proceedings. Desklib provides a platform for students to access this and many other solved assignments.

Running head: COMMERCIAL LAW
COURT PROCEEDINGS
Name of the Student
Name of the University
Author Note

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COURT NAME: MELBOURNE MAGISTRATE’S COURT
ADDRESS: 233 WILLIAM ST. MELBOURNE VIC 3000 AUSTRALIA
DATE: 28 MAY 2018
NAME OF THE PARTIES
MR. XYZ v THE QUEEN
Facts
The main facts of the case are based on the matter of drug peddling. According to the police
report filed in the case states that Mr. XYZ was nabbed with 50 gm of cocaine in his pocket by the
Melbourne police and has been presents before the court this day. Counsel of both the sides has stated
their views and according to the counsel of the accused, the police personnel should have to warn the
person in lieu of presenting him before the court. In his contents, he has been mentioned the provision
of the Drugs Act and stated that when a person has been arrested by the police with a small quantity of
drugs (50 gm) and if it is his first time, the police will warn him and cease the drugs from his possession.
Further, the person could have to attend a drug rehabilitation centre. In this case, none of the provisions
has been maintained. However, the counsel for the state has denied all the contentions. No further
proceedings have been made in the absence of police report for the case that day. However, it has also
been observed that the accused had not made any reply against the question of the police and even
alleged to make some wrong reply. Through this case, the relevant provisions of the Narcotic Drugs Act
1967 has been come up and the duties and liabilities of the police after arresting a person with cocaine
in his possession has been understood by me.
Issue:
Considering the subject matter of the case, the main issue to be determined in the case is
whether police can arrest the accused and present him before the court or not. Further, it is to be
decided whether the police officials have maintained all the necessary provisions in his case or not.
Further, whether the accused can remain silent against the questions made by the police personnel or
not.

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People taking part in the case
Apart from the accused, there were certain case related people in the courtroom. The inner
environment of the courtroom was silent and serious. The presiding officer of the case had enough
knowledge on the drug related issue and he was observing both the parties and their contentions
patiently. Three clerical staffs were typing the relevant matters and collecting the evidences submitted
by the police and the counsels of the case. The counsel of the accused was looking very confident and
his confidence reflects in his dress and appearance. Further, he had prepared the case in a much
appreciable way. All the evidences were in a systematic way and his effort regarding the case was
appeared strongly. On the other hand, the counsel for the state was looking quite unprofessional and
the evidences made by him were not set out in seriatim. His appearances were also not acceptable.
However, apart from them, there were certain police officials and members from the narcotic forensic
department. The presiding officer was very unpleased with the acts of the police when it has been found
that the police did not prepare the charge sheet of the case and the case diary of the case has not been
filed yet. However, the forensic department correctly rated the quantity of the drugs found from the
possession of the accused. This made the grounds of the accused party’s counsel strong. Two witnesses
had been presented before the court and they were examined by both party’s counsel. On the primary
date, the activities and character of the accused had been discussed.
Nature of the case
Considering the subject matter of the case, it has been observed that the nature of the case is
adversarial and each party should have to defend their position to come into a fruitful solution.
Adversarial system is a part of the common law and it empowers both the party’s advocates an
opportunity to present their respective views and defend their position with all the possible evidences.
In this case, it has been observed that the counsel of both the parties had submitted all the possible
evidences to defend their position and examine all the relevant witnesses of the case. This tendency
proved the adversarial nature of the case. According to the general provision of the adversarial system
the accused is not under any obligation to submit evidences in their support and without their consent,
no one can examine them. Further, the judge should be impartial in nature. In this case, the judge was
experienced and impartial by nature. Therefore, it can be stated that the case is adversarial.

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Difference:
This is my second time court visit and I have gained certain expectation from the previous case. I
was expected that the Advocate of State would present all the relevant documents to make their base
strong. However, in this case, adverse condition has been observed. No firm documents have been
produced to make the accused guilty. Further, the inaction of police personnel has astonished me. I
thought that the police should keep their duties in mind and submit the case report on time. However,
they had failed to do it. Further, the police personnel for checking the background of the person have
made no additional searches and they had failed to maintain the provision of the Drugs Act. This goes
against my expectation.
Other observation
The courtroom of Melbourne Magistrate’s court was a perfect example of legal stature. The
environment of the courtroom was very good and the wise judicial knowledge of the presiding officer
had astonished me. Further, the professional behavior of the defense counsel had pleased me. I have
learnt many things from the case. I have learnt the applications of certain provisions of the Drugs Act. All
these applications will help me in subsequent event.

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REFERENCE
Narcotic Drugs Act 1967
Medicines, Poisons and Therapeutic Goods Act 2008