Paper Example on the Rules of the Law

On 28th January 2019, the police corporal sergeant john Dares from Kingsway police station central Sydney brought an accused Mr Erick Johnson, before the chief magistrate Tony Blair of the Kingsway magistrate, court number five mostly known to be dealing with traffic cases, burglary, rape, and drug trafficking. According to the constitution of New South Wales, first offenders are offered correctional services such as being put under probation where community officers observe them.The accused was presented before the chief magistrate for his hearing, he has been remanded in the city of Sydney allocation and remands prison for almost two months now since has not able to raise the cash bail of $150 which has been poised on him and his pleading to the magistrate has been fruitless. The cash bail could not be reduced to what his family are capable of paying, for three weeks, he has been an inmate. The accused Mr Johnson is 25 years old a Caucasian tall and slender dark hair with the British accent. He works at a candy store downtown on Kingsway street just adjacent to the place of the scene. He is living a low life below average since he is a casual worker, married with two children. The accused was charged with the felony of breaking into a building to steal property, hence did took a Samsung tv 50inch worth $500 and a laptop hp 360 worth $200 and a core charge by the police officer with a fee of resisting arrest. The accused to have filed a case against one of the officers in the station for vicious beatings which is contrary to section number 47 of the police Act 1990. The two will appear in the court on 31 May 2019. The accused has no lawyer, and since his arrest, he has not been seen by an attorney.

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There are many ways of resolving theft cases according to the constitution of NSW Australia. If the accused is arrested, he is still not guilty until the court of law of NSW through the chief magistrate say so ( "Acknowledgement to Reviewers of Laws in 2016," 2017). When a crime is committed, like a theft case, the victim who suffers the loss should report the incident to the police whether he/she has an idea of the suspect (Maiden, 1898). He will be given an OB number with the date of the report; the police would start an investigation, they may get the suspect or the real person who did the crime or fail to get any trace. When a suspect is arrested, he/she is given a chance to negotiate with the victim or the complainant of which all the decision is with the complainant ( "Acknowledgement to Reviewers of Laws in 2016," 2017). They may reach an agreement and make the payment depending on the deal, but if it fails, the accused should not spend 48 hours in the police custody, before booked and taken to court (Rogers et al., 2016). On the first day, the accused appears before the court where the court reads the charges; the accused must deny the allegations or accept the charges, where he may start his sentence. When the accused take the plie, he may be sentenced to jail, but if the charge is minor, he may be placed on probation by the government, where he is placed on the watch if he may change. And if the case is capital like murder, he is automatically going to maximum security.

According to the constitution of New South Wales, everybody is innocent until proved guilty by the court of law (Rogers et al., 2016). The arrested individuals have a right to be offered bail by the court pending the hearing of the cases as long as they will not interfere with the evidence in any way. Before being granted bail, the suspect must be able to prove to the court through the use of an attorney that they will not skip the case mentioning.

The suspect in the case of the 50-inch television, in this case, was not granted bail due to reasons well-known o the judge or the magistrate who listed to his bail application case. The individual and his attorney were subject to bail denial, and they have a case to answer. According to the constitution, some of the cases are just a matter of providing concrete evidence that does not contradict previous statements to the court ( "Acknowledgement to Reviewers of Laws in 2016," 2017). A case like such may have made the suspect to be denied bail as the suspect could have interfered with the investigations or even intimidated the witnesses into withdrawing their statements and against giving their evidence.

The attorney who is representing the suspect at the case needs to have facts on the matter and to have the series of activities leading to the arrest of his client and the charging of the individual (Lelliott, 2018). The attorney needs to mount a serious challenge towards the case against his client to win it for him as the evidence in court, which is the television that was stolen, is enough to give the suspect a jail term or even a hefty fine.

According to the constitution of New South Wales, first offenders are offered correctional services such as being put under probation where community officers observe them. The attorney can argue the case that his client is a first offender and he needs to be rehabilitated into the community rather than be jailed together with other hardened criminals who may influence him into becoming worse at the end of his sentence (Lelliott, 2018). The attorney, who is a friend of the court, must argue the case for the suspect to set him free and promise the court of correction services to be offered to the suspect to ensure he does not indulge in the vice in the future.

There is a need for the attorney to mount a severe defence for his client as the court sees first offenders as future and dangerous offenders who will be charged with more severe acts thus, they punish them for avoiding the repetition of the same actions in future( "Acknowledgement to Reviewers of Laws in 2016," 2017). With this in mind, the attorney needs to have facts and be ready to argue the case to persuade the court to give judgment in favour of the client with a stern warning and put him in probation rather than giving him a jail term. The suspect in the police custody must be cooperative with the attorney representing him if he has any hope of being set free by the court as it is through the arguments of the attorney that the listening judge will pass his judgment on the case ( "Acknowledgement to Reviewers of Laws in 2016," 2017).. The attorney must have excellent persuasive skills to ensure that his pleas and arguments are not overlooked as they were done with during the bail application hearing for the same case.

The accused has been coming for court sessions since he is always remanded at an allocation facility for safety, so far, he has been given opportunity to meet with his attorney he has been doing well on his case, and the request for the cash bail reduction is underway according to the magistrate handling his case. The accused has been conducting himself well in prison, that was a confession by the prison warden (Lelliott, 2018). The incident filed by the complainant against one of the police officers whom he claimed to have kicked him on the chest is due in the next 14 days, where the complainant is coming to court as a plaintiff (Stapinski, 2017). The complainant pleaded with the judge to make his case short for some family issues, but the judge is so reluctant on the request, without answering even after the defendant counsel pleaded too (Lelliott, 2018). According to my observations, the judge seems to be unusually decisive in this case, which is unethical according to the constitution and the universal human rights.

The case seems to be interesting since there is no evidence directly linking the accused to the stolen property, the only reason he was arrested is that he was seen in the area the night that house was broken into ("Acknowledgement to Reviewers of Laws in 2016," 2017). One of the reasons that made him be suspect number one according to how the case goes, he made such joke prior when he quarrelled with the complainant, where he said a word that later came to link him to the situation. But according to his attorney, that is not worth making him a suspect.

References

Acknowledgement to Reviewers of Laws in 2016. (2017). Laws, 6(1), 1. doi:10.3390/laws6010001

Lelliott, J., (2018). Protecting the rights of children accused of migrant smuggling: lessons from the Australian context. Australian Journal of Human Rights, 24(1), 1-19. doi:10.1080/1323238x.2018.1438032

Lelliott, J., (2018). Protecting the rights of children accused of migrant smuggling: lessons from the Australian context. Australian Journal of Human Rights, 24(1), 1-19. doi:10.1080/1323238x.2018.1438032

Maiden, J. H., (1898). A manual of the grasses of New South Wales by J.H. Maiden. doi:10.5962/bhl.title.29072

Rogers, R., Sharf, A. J., Clark, J. W., Drogin, E. Y., Winningham, D. B., & Williams, M. M. (2016). One American Perspective on the Rights of Accused: An Initial Survey of Miranda Rights in a Broader Context. Behavioral Sciences & the Law, 34(4), 477-494. doi:10.1002/bsl.2240

Stapinski, L., Lawler, S., Newton, N., Reda, B., & Chapman, C. (2017). Empowering young people to make Positive Choices: Evidence-based resources for the prevention of alcohol and other drug use in Australian schools. Learning Communities: International Journal of Learning in Social Contexts, 21, 152-167. doi:10.18793/lcj2017.21.1

updates-and-information-packets-Australia-land-rights-in-new-south-wales-sept-27-1983-4-pp. (n.d.). Human Rights Documents online. doi:10.1163/2210-7975_hrd-1032-0048