ipl-logo

Mr. Lazarus Flaws Of The Legal System

673 Words3 Pages

On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system.

During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent. This …show more content…

This is seen as being effective as it is promoting the need to change existing sexual consent laws hopefully in order to achieve justice. This also highlight responsiveness of the government to responding to issues of the legal system regarding the NSW sexual consent laws. Another effectieve part of the legal system seen in this case is enforceability of the sexual consent laws. Although Mr Lazarus did undertake rape “without consent” he truly believed that Ms Mullins gave consent which according to the NSW sexual consent law stating that the accused must know the victim is not consenting is technically proof of enforceability of the law by Mr Lazard as he believed she gave consent. This case showed the effectiveness of protecting individual rights to a fair hearing as they allowed Mr Lazarus and Ms Millins to conduct a fair trial under section 24 of the Charter. This case also shows the effectiveness of the legal system in protecting individuals rights to not be tried or punished more than once under section 26. This is shown as the NSW Director of Public Prosecutions had urged that it would be oppressive as he already served 11 months of his sentence therefore the acquittal remained the

Show More
Related

Summary Of Barker Vs Wingo

1220 Words | 5 Pages

Case Law Assignment: Barker v. Wingo A) Case Name and Citation: Barker v. Wingo, 407 U.S. 514 (1972) B) Summary of the Facts: On a murder case of two elderly people in 1958, Willie Barker and Silas Manning were arrested and awaited their trial. The Commonwealth’s tactic was to convict Manning first prior to convicting Barker, due to the lack of evidence against him, assuring a testimony against Barker there after. Manning’s prosecution was not an easy one accounting for six total trials and delaying Barkers.

Read More

Analysis Of Mr. Gordon Wood Murder Conviction

474 Words | 2 Pages

This is an analysis of the newspaper article on the appeal of the murder conviction of Mr. Gordon Wood. Mr. Wood was originally charged with the 1995 murder of Ms. Caroline Byrne and the trial was held in the Supreme Court of New South Wales in July 2006. During the court case it was stated that Mr. Wood had “hurled his model girlfriend off The Gap in Sydney in a spear throw that lobbed her so severely into a crevice, that a rescue team had to use force to free her body” (Sydney Morning Herald, 2007). Mr. Wood pleaded not guilty to all charges, however the jury found him guilty of her murder. The murder case was taken to State level due to the seriousness of the crime.

Read More

Faulty Justice System: The Tulia Case

324 Words | 2 Pages

After researching the Tulia case, I can conclude that the ruling was unfair due to a faulty justice system and targeted african american people. Out of 46 people that were arrested, 39 were african american. 38 out of the 46 were convicted on drug charges by Tom Coleman. An ex-agent, white male, who failed to submit any actual evidence that can convict them for the charges. 38 people were convicted solely by his word and falsified evidence.

Read More

Homicide Case Summary

918 Words | 4 Pages

1. Leesa Meldrum was not entitled of IVF treatment which was stated under the Sex Discrimination Act. 1984 2. Single and lesbian women had no right of accessing IVF treatment; they couldn’t access IVF treatment unless they were married woman who couldn’t conceive naturally. 3.

Read More

Tara Brown Murder Case Summary

334 Words | 2 Pages

In the case of Tara Brown’s murder, various groups of individuals are affected. As well as maintaining principles of fair punishment and deterrence, the criminal justice system has to consider perceptions of the victim’s family (secondary victim), the community’s demand for crime prevention, and the offender’s rights to a fair court hearing. The most likely outcome is imprisonment for Lionel John Patea due to committing an indictable offence. It is important to note that if this was only a case of domestic abuse without murder, it would utilise more time, effort and expenses to come to a resolution. This is due to the different circumstances and degree of abuse that the judge has to assess.

Read More

Case Analysis: L In The R V. L

83 Words | 1 Pages

A 79-year-old man, referred to as L in the R v. L case, has been denied appeal in the High Court of Australia for what “he felt” was an unfair trial. In 1989 L was convicted of two counts of rape of his then wife, in the year 1963. The 79-year-old believed there was an inconsistency between the state and commonwealth law. Two of the justices on this case were Chief Justice Doyle and Justice Gray. L’s motivation for appealing his case was

Read More

Comparison Of Laws And Attitudes Surrounding Sexual Assault In NSW

984 Words | 4 Pages

Sexual assault has been a controversial issue over a long period of time, with many new laws taking place all over the world. In this essay, we will be discussing the changing of laws & attitudes surrounding sexual assault in NSW over the past 4 decades. Sexual assault is the sexual contact or behaviour towards an unconsenting indivual, for example; unwanted kissing or touching. This also includes rape, incest, child abuse etc. In NSW sexual assault is heavily prohibited under the Crimes Act 1900.

Read More

My Opinion In The Justice System In Dead Man Walking

1440 Words | 6 Pages

Opinions are great, they start conversations and or even solve problems but having an opinion in the justice system can be overwhelming when you are a nun. Dead Man Walking is a Novel written by sister Helen Prejean, she describes in depth about her experiences in being pen-pals with two death sentenced inmates in Louisiana’s State Penitentiary located in Angola. Going through spiritual transformations she decided she was against the death penalty, after exchanging several notes and letter with the first inmate she came in contact with. Elmo Patrick Sonnier, number 9528, was convicted of murdering a lovely couple after kidnapping both and rapping the female. This crime was taken place with the help of Sonnier’s brother, Eddie.

Read More

Ethical Dilemmas In The Rod Of Justice

508 Words | 3 Pages

Being ethical allows a person to morally understand and govern one’s own behavior and the behavior of those in the same community. Unfortunately, in certain unfavorable circumstances, knowing the moral principles and actually following them can cause one to have an internal battle between what is ethically acceptable and how that person’s decision can place them in a pleasant or unpleasant situation. “The Rod of Justice” by Joaquim Maria Machado De Assis and “Kabuliwala” by Jorge both portray stories involving individuals who confront the ethical dilemmas of their time and situations. Damiao in “The Rode of Justice” is faced with the social issues of slavery and an authoritarian society. Similarly, the narrator in “Kabuliwala” is faced with social bonds of Hindu practices such as treatment of widows and arranged marriages for young girls.

Read More

Argumentative Essay On Mary Maloney

452 Words | 2 Pages

Mary Maloney is a very loving and devoted house wife and mother-to-be. Though her dream of having the perfect American family was destroyed by the bewildering news of Patrick choosing another women over Mary and their child. Innocent is all Mary Maloney is, due to her indistinct state of mind caused by her heinous husband’s decision to desert her and her child while she is unable to control her emotions due to her being pregnant. Mary is not guilty of murder instead innocent due to diminished capacity.

Read More

Marital Rape Immunity In Australia

424 Words | 2 Pages

The first settlement of colonies in Australia received the English common law, which was in turn adopted as Australian common law. The adopted laws included the 18th century proposition that ‘marital rape immunity’ prevented a man from being convicted of the rape of his wife, because she was presumed to have given general consent to sexual intercourse with him upon marriage. This suggestion of ‘marital rape immunity’ may be traced to ‘Sir Matthew Hale's The History of the Pleas of the Crown’. In the early common law, the offence of rape did not extend to the matrimonial relationship: Thus, a husband could never be charged or convicted of raping his wife.

Read More

Essay On Consent In Criminal Law

1110 Words | 5 Pages

Consent can either always be recognised, never recognised or sometimes be recognised as a ground of justification. Consent always recognised is where if consent is given the accused can never be charged with that crime. The law should reflect the victim’s choice to consent as a legitimate excuse of individual autonomy. For example, property crimes with consent will not result in theft or malicious damage to property. Consent that is never recognised as defence is identified as ‘paternalism’.

Read More

The Victim Precipitation Theory

2732 Words | 11 Pages

Do victim precipitation theories mean victim blaming? Explain and evaluate. 1.0 Introduction of victim precipitation Victim precipitation theories generally involve an explanation of how an individual’s behavior may contribute to his or her own victimization. In future the victim precipitation is behavior by a victim that initiates subsequent behavior of the victimizer and the degree to which victim is responsible for own victimization Early attempts at studying victim behavior involved the development of typologies that allowed victimol-ogists to determine who was most responsible for the criminal incident offender or victim. For instance, Wolfgang first introduced the formal concept of victim precipitation in his seminal work on homicide in 1958 when he argued that, in some instances, the victim may initiate the behavior of the victimizer .

Read More

Mussolini Anti Fascism Essay

489 Words | 2 Pages

This

Read More

Private Sexual Morality

1184 Words | 5 Pages

However, Lord Mustill highlighted this is a question of private sexual morality, he argued that if repugnance and moral objection is removed, the remaining reasons would not be sufficient to justify the conviction. One should note that the sado-masochistic activities had been carried out for ten years without complaint from general public. Although the victims were died from AIDS, there was no empirical evidence introduced that S/M activities do in fact result in these harms . Furthermore, gay men are the most severely affected by HIV but homosexual activity is legal. To allow moral constrains the people for what they do in private is to encroach on legitimate individual liberty .

Read More

More about Mr. Lazarus Flaws Of The Legal System

Related Topics

Open Document