• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Legal Studies Assess Two

Extracts from this document...

Introduction

Case 1: R v Milat (1996) 87 A Crim R 446). 1. Author and date of the article. Brett Cox, 03-09-2008. 2. Facts of the case. Ivan Milat was arrested in May 1994 for the murder of seven people. All seven were backpackers, whose bodies were found in Belanglo State Forrest. According to the evidence, Milat murdered his victims between 1989 and 1992. Because all of his victims were backpackers, the media called the case the case of the "backpacker murders". The key reason that Milat was convicted was that one of his potential victims, Paul Onions had gotten away before Milat could kill him, and so Onions was able to identify Milat as his attacker. Milat's trial began in March 1996 and finished four months later in July. 3. Area of law. The area of law in this case is criminal law. McGregor says that criminal law deals with acts or omissions (failures to act) committed against the entire community. Even though a criminal offence may only be against one individual, they have a negative effect on the whole of society. In criminal law cases, the prosecution must prove that the defendant is guilty "beyond a reasonable doubt" which means that there must be no reasonable doubt that the alleged offender did not commit the crime. ...read more.

Middle

Because of this he argued that his common law right to legal representation had been breached. This right was established in Dietrich v The Queen, and Milat relied on this case in his appeal. However, his appeal was dismissed by the court because they said that Milat could only be successful if the quality of his legal representation was so low that he would have been better off without it. The court said that the quality of legal representation provided by Milat's defence lawyer Terry Martin's was adequate. 2. Appeal to the High Court of Australia in 2004. Milat appealed this time on the grounds that the first judge, Justice Hunt, had let the prosecution put a case to the jury which was not supported by its own witness. This appeal was also dismissed, with Justice McHugh saying that the appeal was brought out of time. Even though Milat still claims that he is innocent, he has never appealed on that ground. This could be because of the amount of evidence against Milat that suggests that he did murder the seven people found in the forest. As Justice McClelland said, "the material provided by the applicant does not raise a doubt or question about his guilt". In the article by Brett Cox, it also states that "there is overwhelming evidence that Milat was the murderer, and they are the simple facts of the case". ...read more.

Conclusion

In the trial, Justice Heydon even asked the question, "how can the birth of a healthy child, or any child for that matter, be considered an injury rather than a blessing?". In the article by Virginia Bourke, Justice Heydon is also quoted as saying "human life is invaluable in the sense that it is incapable of valuation". I do not think that it is fair for the child to grow up knowing that he was unwanted. However, one of the judges in the majority, Justice Kirby said that "it is difficult to accept that children in today's age learning such facts would not realise, if explained to them, that the claim was brought simply for the economic consequences of medical negligence". Even if this is true, I still think that the outcome of this case was unjust. Students at university who are studying medicine may even decide that they do not want to specialise in fertility because of the risk that they will be sued like Dr Cattanach. 8. Whether there will be an appeal. As already mentioned, this case was first heard in the Supreme Court of Queensland. The defendant, Dr Cattanach then appealed to the High Court of Australia, where his appeal was dismissed. No further appeals can be made by Dr Cattanach because the High Court is the last court of appeal. Once an appeal is dismissed from the High Court, the case is completely finished. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    Unsolicited Goods And Services Act 1971 ss.1,6 * However the conduct will be effective if the offeree did the act with intention of accepting the offer(objective principle) * Buyer is not bind to accept the delivery which amount from orally contract but in significantly different terms20 * It will not

  2. e-commerce legal issues

    Therefore, firstly, the relationship between sellers and buyers are created through online sales contract. Secondly, eBay as online service provider provides services to eBay's users and regulate their acts. 1) The legal relationship between eBay buyer and seller Under English law, the formation of a contract requires four elements: offer, acceptance, consideration and an intention to create legal relations.

  1. Four ways in which a contract may be discharged.

    The plaintiff took his ticket from a machine at the entrance. The ticket had some small print stating that it was issued subject to conditions displayed on the premises. Within the car park was a notice displaying the conditions, one of which was that the garage would not be liable for any injury to the customer.

  2. Conveyancing: Practice and Procedure.

    It will generally refer to the Law Societies conditions of sale, which lay down such things as how completion will take place and what penalties will be imposed in the event of breach of contract. The Purchasers solicitor will ultimately return one part of the contract approved, and both parties

  1. I have been asked to advise a client on considering contracting with a building ...

    The commission was payable on hire. (Taken from Common Law 1 BPP) Liverpool Corporation V Irwin 1976 "The condition of a council tower block deteriorated: there were defects in the stairs and lifts and internal rubbish chutes became blocked. The Irwins alleged a breach on the part of the council of its implied covenant for their quiet enjoyment of the property."

  2. In advising Bennys position of the interest over the said property (the flat), it ...

    I agree that this does not mean that she would as a rule get a half share....There will be many others where a fair estimate might be a tenth or a quarter or something even more than a half." 12 "Common intention" is the intention of the owner and the

  1. DIFFEERENT AREAS OF CONTRACT LAW

    cant but it will be down to the courts to decide if it is acceptable or to the extreme. This is because such terms can be abusive so are scrutinised by Scottish courts and judges will tend to display a suspicious attitude when asked to consider contracts with restraints of trade.

  2. Several tests have been developed to identify and categorise different types of workers.

    The leading case on this is Ready Mixed Concrete (South East) Ltd v MPNI. MacKenna J held that there were three conditions necessary to establish that a contract of service existed. The first was that the worker was to provide this own work and skill in the performance of a service for his employer.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work