StudentShare solutions
Triangle menu

Case Law Study in Ratio Decidendi - Essay Example

Nobody downloaded yet

Extract of sample
Case Law Study in Ratio Decidendi

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. He also stated that espied a man riding a bicycle and wearing a cream coloured shirt and identified him as being A. However, his notes did not refer either by name or as being an aboriginal.
On the very same day Ms W identified A after seeing a photo board at the police station of young aboriginal males. During cross examination she stated that she had based her identification on the fact that she had seen A in her neighbourhood. It was also revealed that W generally wore glasses and that her eyesight was so weak that even in the courtroom she was not able to clearly distinguish the features of the counsel cross examining her.
It also came to light that at the time of the assault she had not been wearing spectacles. After being punched in the face her eye was so swollen that she made no attempt to wear glasses and consequently, she was not wearing them while seeing the photo board at the police station.

She also admitted that at the time of the assault it was quite dark in her room. She stated that she confirmed her identification of the rapist only after seeing the photo board.
Furthermore, the Crown did not give any evidence as to how they had selected the particular photographs that were shown to W and she stated that she had only obtained a glimpse of the assaulter's rear while he was escaping through a gap that he had made in the screen door.
The other evidence was restricted to making an attempt to establish that AS was seen in that particular neighbourhood at that time. In addition to sergeant Crowther, the ambulance driver also stated that he had seen a tall aboriginal in a yellow T shirt walking in that area. One Yacoob Moola, the owner of a Service Station in that area also identified this person who had come to make purchases at that early hour. His son Ahmed Moola saw AS riding a bicycle around that time.
Similarly, Douglas and Peggy Heathcote also deposed that they had seen a young Aboriginal standing in the ...Show more


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.
Author : mertiebrakus
Case Law Study in Ratio Decidendi essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Case Law Study in Ratio Decidendi"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Law Case Study Analysis
The law of "offer and acceptance" determines whether an agreement does exist between two parties. The nature of an offer An offer is considered as an expression of willingness showed by two parties involved to form a contract on specific mutual agreed terms, which is made with an intention that the offer will become binding in nature as soon as the person to whom it is addressed accepts it Tretel, The Law of Contract, 10th edn, p.8).
5 pages (1250 words) Essay
Corporation Law case study
However, if notice was given but the meeting was called for a date before the 2 mos expires, the resolution can be dealt with (s 203D(2) and s 329(1A)). This decision of such issue requires the shareholders meetin approval. There are two types of resolutions.3
10 pages (2500 words) Essay
Family Law - case study
Divorce ends a relationship, though the relationship of children with their parents would continue. Dorothy and George might have had their differences; but court would still treat them as couple, and whether they lived together or apart, court is unconcerned with that.
10 pages (2500 words) Essay
Contract Law. Case study
A relevant case studied is that of:- On the case of Bella, he posted an acceptance letter on the same day the offer was made hence the contract between him and Arun became binding immediately the he sent the letter. According to the law of contract, acceptance is considered complete immediately the letter of acceptance is posted, even if the letter is lost or destroyed along the way so that it never arrives, the contract still becomes binding.
3 pages (750 words) Essay
Employment Law: Case Study
For example, the worker has to be clear about her preferences, her expectations in the form of salary, perks, privileges, leaves etc. The company on its part, will judge the suitability of the individual by correlating her expectations, her abilities and company's position.
10 pages (2500 words) Essay
Law case study
The validity of the bargain is determined on the basis of offer and acceptance.1 Generally speaking, an offer must contain a definitive promise providing the other party with an unambiguous option to accept or decline the offer.2 Consideration is
7 pages (1750 words) Essay
Case Study-Law
Such return of the provisional offer letter that was signed and which must be received by the Facilities Hire Department, will validate the Hirer’s conformity to the terms and conditions of the hire (University of
5 pages (1250 words) Essay
Case Briefing
14 CLINTON v CITY OF NEW YORK 16 The first term of President Reagan’s administration was bedeviled by rising budget deficits. Therefore the US
18 pages (4500 words) Essay
Case study of Law
The first and foremost question that needs to be determined in respect of the facts at hand is whether the statements that were made by Alan Daly to Winston were terms that is they
9 pages (2250 words) Essay
Consider the doctrine of judicial precedent in the law of England and Wales, having particular regard to its advantages and disadvantages. Cite relevant case law examples in support of your answer
It has been contended by Duxbury that flexibility and stability are both necessary for the common law system (Waddams, 2009, p. 132). This requirement has been fulfilled by precedent. The common law legal system is based on precedent, which makes it possible to bring
6 pages (1500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Contact Us