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Case Law Study in Ratio Decidendi - Essay Example
Author : mertiebrakus
Pages 10 (2510 words)
The principle of Ratio Decidendi is very important in judgments and can make the difference between justice being dispensed and injustice being perpetrated. In the case of R v AS, a serious travesty of justice transpired and but for the timely and effective judgment of the Supreme Court of Queensland would have not been set aside.
After this the type of effect that this case has on the Magistrates' Courts of Queensland is discussed and explained. Subsequently, the question of law that the court had to address is discussed, along with the reason as to how the Court reached its decision. After this the steps that the police could have taken in their investigation are discussed.
Finally, the far reaching results of this decision and the events of this case are discussed. Throughout the discussion relevant case law is discussed to elucidate the subject matter. In the case of R VS AS, in the early hours of the 10th of November 2001, a male person entered Ms W's residence in Lowood and made an attempt to rape her.
However, she was successful in repulsing his attacks and her attacker after punching her in the eye, escaped from that place. Ms W described her attacker as being a tall aboriginal wearing a yellow T shirt and pants which were of some heavy material like jeans.
Further, she stated that she had seen this person in the driveway of the flats and that she had been informed his name as being AS prior to being attacked. After being attacked she went to Ms D's premises for help.
Later on Jason Crowther the police sergeant arrived and he described the morning as being overcast with drizzling rain. ...