Dispute Resolution Cases

Question 1

Example of Alternative Verdict

Answer 1

Geoffrey Adams: Prosecution would not accept a plea to lesser crime of manslaughter. Matter went t trial; jury did not find him guilty. Instead provided an alternative verdict- guilty of manslaughter.

Question 2

Reasons for appeal

Answer 2

R v Hayne: Initially found guilty. He appealed arguing that the trial judge gave flawed instructions to the jury.

Question 3

Hung jury

Answer 3

R v Hayne: Jury could not reach a verdict (hung trial). Mistrial declared

Question 4

Continuous trial (exception)

Answer 4

R v Pfennig: Defendant had a heart attack or R v Dansie Contaminated jury. Mistrials

Question 5

Inadmissible evidence

Answer 5

R v Coco: Evidence from phone recordings deemed illegal as judge did not have power to order that police could install the recording device.

Question 6

Defence does not always have to present a case

Answer 6

R v Che: Prosecution was so weak judge told defence they did not have to present their case. Instead the judge invited the jury to make a finding of not-guilty.

Question 7

Double Jeopardy

Answer 7

R v Caroll: Acquitted or murder. New evidence came to light. Charged with perjury. The perjury trial was essentially a re-trial of murder case. Therefore, DJ rules apply.

Question 8

Double Jeopardy (2)

Answer 8

Pearce v Queen: Offences overlapped in nature-double jeopardy laws mean that he cannot be punished twice for the same offence. Therefore sentence breached DJ principles.

Question 9

Barriers to justice

Answer 9

R v Watt: Limited translators who spoke the victim’s language.

Ngatayi v The Queen Entered a guilty plea using a translator.

Question 10

Sentencing Practices

Answer 10

Dudley Davies: No longer part of community or culture

Question 11

Competency to stand trial

Answer 11

Rosie Anne Fulton: Foetal Alcohol Syndrome

Marion Nobel Intellectually impaired as a child