Administrative and Criminal Law in Australia - Billinghurst - Report Example

Media Report Analysis Name: Lecturer: Course: Date: [Word count: 1755 words] 1. Areas of law that are relevant to the chosen media report Administrative law Criminal cases that involve decisions to prosecute fall under administrative law. Additionally, decisions or actions by government officers are governed by administrative law, unless where investigations are involved1. In the case provided by the media report, Magistrate Edward DeVries has suspended Michael's licence for more than 10 months and directed the accused to pay $146.90 in addition to a fine of $900. The decision to suspend Michael’s licence is an administrative decision since it involves ‘statutory power.’ He can challenge the decision using administrative mechanisms and principles. Additionally, the case in the newspaper report also involves broad policy decisions by the council, which imposes conditions that make it illegal to drive motorised eskies on WA roads or footpaths. Criminal Law Michael was charged in the Magistrate's Court for driving a motorised esky under the influence of alcohol. Driving under the influence is a criminal offence. Under the Australian legislation (Road Traffic Act 1961 (SA) s 47]), an individual who drives or attempts to drive a vehicle while under the influence of alcohol is guilty of committing a crime of driving under the influence2. Property Law Australian property law consists of a body of laws that regulate and prioritise the rights and responsibilities that people have in relation to what their possessions or what they can claim ownership to3. The Esky that Billinghurst owns can be classified as property. Billinghurst has property rights to own the motorised esky. At the core of property rights are two critical aspects: control and possession of the resources or the possession and the title, which recognises that others will recognise the owner of the property. Therefore, while Billinghurst owns the esky, he should control the use of the property in a way that does not interfere with his safety and that of the public. Tort Law A tort is where one suffers an injury or wrong -- such as an injury from a road accident because of negligence of other road users4. Under the Australian law, an individual who has caused harm to another person by negligence is considered to have committed a tort. In the case, Billinghurst negligently drove a motorised esky while drunk at its top speed of 20km/h. The law would consider that he exposed other road users to risks of accidents or damage to property. Consumer law Primarily, the Australian Consumer Law (ACL) comprises the national product safety laws as well as sets out the responsibilities of the state, territory and Commonwealth. Under the ACL, Australian states can regulate consumer goods or product-related services, including issuing safety warning or enacting mandatory safety standards. Indeed, sections 129-130 of the ACL outline’ reasonably foreseeable’ use of consumer goods, including promoting safe use of product in a way that cannot compromise the public safety. In the case, WA has enacted mandatory safety standards in making it illegal to for consumers of motorised eskies to drive them on WA roads and footpaths. However, Billinghurst drove the motorised esky on the WA road. In doing this, he violated the state safety regulations. It is perceivable that in driving the esky on WA roads and footpaths, Billinghurst exposed himself and the public to health risks due to likely accidents. 2. The law serves a number of different functions. It: Ensures reasonable predictability in daily life; In respect to the case of Billinghurst’s prosecution, the tort law provides an example of how the law can ensure reasonable predictability in daily life5. It is critical to argue that since the law protects individuals and their private property from acts of negligence that exposes them to harm, it reasonably predicts that certain acts of negligence will cause harm unless due diligence is observed. For instance, it is possible Billinghurst is likely to cause an accident in future unless he is punished to prevent a repetition of his action. Encourages and discourages certain conduct; The prosecution of Billinghurst indicates this function of the law. Here, the law seeks to prevent the behaviours of driving under the influence of alcohol or drugs. To achieve this end, the Joondalup Magistrate Court fined the defendant $900 and seized his drivers' license. Therefore, by making such behaviours illegal, the law is seen to encourage the public to drive while sober and to discourage driving under the influence. By restricting driving of eskies on WA roads and footpaths, ACL encourages safe use of consumer products while at the same time prevents irresponsible use of consumer products in ways that can expose the consumer to health risks. Grants rights and powers to individuals and groups of people; The law gives individuals and groups of people rights and powers to own and use their property. An example of this function of the law is the property rights, where Billinghurst has the right to own, use and enjoy the utility of his motorised esky, although within the law. Therefore, while the law grants Billinghurst to use the esky, his powers to use the resource are limited as using the esky in an illegitimate manner may result to denial of such rights. Such limits are indicated by the outcome of his drunken driving, which portrayed abuse of his rights and powers. Imposes obligations on individuals / organisations to meet their legal responsibility; The situation where the police apprehended Billinghurst and the Magistrate Court prosecuted him is an example of how the law imposes obligations on organisations to meet their legal responsibility. The judiciary is considered to be independent of any criminal investigation as showed in the case law, the High Court of Australia in R v Rogerson6. As indicated in the case, the courts had the duty to prosecute Billinghurst for driving under the influence. On the other hand, the police investigations did not form part of the course of the justice. Rather, they only investigated crime and assisted in bringing prosecutions. As pointed out in the case Coomber v Justices of Berks7, police assist in the administration of justice, prevention of crime, and preservation of order. Allows for the enforcement of recognised rights and duties; and The law allows for enforcement of recognised rights and duties. An example is promotion of natural rights, such as liberty, life and property, which the state must enforce to its citizens. For instance, in the case of private property, Billinghurst has the right to acquire, possess and use the means necessary to use his private property rights (the motorised esky) in order to pursue happiness. However, in order to protect his right to life, the law restricts how he should use the property in questions. For instance, driving the esky under the influence exposed him to risks of accidents. Hence, protection of his property rights comes with certain limitations. Provides remedies when an injustice has been done Billinghurst’s right to challenge Magistrate’s Court’s decision to suspend his driver’s license indicates how the law provides remedies when an injustice has been done. The law provides four main types of reviews that Billinghurst can use to challenge administrative decision. These include consideration by the Magistrate Court, particular statutory right to review the Court’s decision on merits, judicial review by the court and taking his complaints to a body such as relevant ombudsman8. 3. By reference to the legal issues contained in the chosen media report, explain why it was important for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage? Members of the general public and the law enforcement should be aware of their rights and duties as provided for by the constitution. In the case, Billinghurst appeared not to have been ignorant of the law that prohibited driving under the influence. He also ignored or failed to appreciate his limits in using private property, hence drove the esky in the median strip on the road, despite driving the vehicle on WA roads or footpath being illegal. Knowledge of the law allowed the police to understand their duties and rights as members of the law enforcement. Through this knowledge, the police applied the law breakers to their advantage. Hence, their decision to apprehend Billinghurst for driving under the influence was within their mandate. Knowledge of the remedies applicable to Billinghurst in challenging the administrative decision can also enable him challenge suspension of his driver’s licence9. Billinghurst can seek judicial review by the court to determine whether the decision was unlawful. 4. How do the media influence public perceptions about the law and its administration? How might public pressure impact legislators and judges in establishing the law? In respect to the punitive criminal justice, the media promotes the public’s acceptance of the idea that crime is a consequence of individual choices rather than the societal. For instance, in the newspaper report, the media has linked driving under the influence with crime10. The media also provides extensive media coverage of crime that has influenced the legislators and judges in establishing laws on crime. The police are also showed as being generally law abiding, astute, independent, and investigative. The extensive coverage of drunk driving has for instance urged the public to rally for legal reforms with respect to driving under the influence of alcohol and drugs11. The media helps the public to focus attention on critical social issues that require legal reforms. The media sets agenda, undertakes media education and legitimises democratic power. For instance, the political elites are able to legitimise themselves or in some circumstances join dissenting discourses with newspapers. Additionally, notions of political values, authority as well as an understanding of the country’s political institutes become strengthened through the mass media, especially through news. On the other hand, the national agenda materialise from the news published and which shape the public opinion. Through agenda setting, the media increases public concern on crime, as well as boosts support from the public to pressure the legislators make punitive policies, by making the mechanisms through which the occurred crime can be well understood by the public. In return, the legislators uphold the new laws in the court of law12. The news media’s market-driven treatment of crime is viewed as having the capacity to increase public support of the punitive measures brought against Billinghurst and to skew public opinion to resent driving under the influence. The news media is therefore the single-most important cause of the punitive criminal justice system. Bibliography Coomber v Justices of Berks (1883) 9 App Cas 61 at 67 Daniel Dykstra, "The Impact of Pressure Groups on the Legislative Process," (1951) 3 Washington University Law Review 306-310 Fitzroy Legal Service, 'What is “administrative law?” (2013), High Court of Australia in R v Rogerson (1992) 66 ALJR 500 Ismail Zeenat, Alina Zaidi and Sarah Kazmi, "Media influence on Public Opinion and the Perceptions of Media Owners and Consumers about its Effects," (2012) 2(2) International Journal of Academic Research in Accounting, Finance and Management Sciences 10-20 Janice Toner, 'Property rights: an analysis of their implications for understanding land rights in Australia," (2009) 1(1) Extension Farming Systems Journal 79-84 Law Vision. The Law of Torts (Law Vision Pty Ltd, 2008) 3-5 Legal Services Commission, "Driving under the influence," (nd), Sara Beale, “The News Media's Influence on Criminal Justice Policy: How Market-Driven News Promotes Punitiveness,” (2006) 48 William & Mary Law Review 397-401 Read More