B Pulsey & Anor V State Of B Impulsey

In reversing the decision of the district court, the Court held the “core judicial injury” was “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” The extent of injury Wilkin’s suffered may have been relevant in determining the level of force that was applied but just because the prisoner may have escaped serious injury does not prohibit the individual from pursuing a

v. Clayton, held that the police officers did not infringe Mr. Clayton and Mr. Farmer’s rights under ss. 8 and ss. 9 of the Charter as their unusual behaviour gave the officer reasonable grounds to conduct a pat down search. This case is significant to us for various reasons. First of all this case shows us the circumstances, when a police officer has the right to detain an individual without a search warrant.

'If there existed any lingering doubt as to the applicability of the principles enunciated in Mabo to mainland Australia, that doubt is, as a matter of practicality, dispelled by the statement of Mason CJ in Coe v The Commonwealth (1993) 118 ALR 193. In the context of an application to strike out a statement of claim, his Honour said (at 200): 'Mabo [No.2] recognised that land in the Murray Islands was held by means of native title under the paramountcy of the Crown. The principles of law which led to that result apply to the Australian mainland as the judgments made clear. ' Mason v Tritton (1994) 34 NSWLR 572 at

Introduction The case of Cole v South Tweed Heads Rugby Club [2004] HCA 29 pertains to a dispute concerning the civil contravention of negligence and a breach of duty of care, specifically in regards to the liability of licensed premises for injuries to patrons wounded by reason of their own inebriation. This division involves Cole: the appellant and plaintiff and the South Tweed Heads Rugby League Football Club and Another as the respondents and defendants. Procedural History Cole initially commenced proceedings in the Supreme Court of New South Wales claiming damages for negligence from the defending parties of Lawrence and the South Tweed Rugby League Football Club.

Sparrow was found fishing with a drift net that was longer than permitted according to the Band 's Indian food fishing license. The event was located at Canoe Passage, an area apart of the band’s licence and happened on May 25, 1984. Although the appellant admitted to all the facts that were presented with the charge he justifies it based on claiming his existing aboriginal right to fish and how the net length restriction violates section 35(1) of the Constitution Act, 1982. Critical legal theory emphasises how it challenges the accepted norms and standards in society, the net length regulation is a standard law for fisherman. This law is applicable to all citizens however, due to the appellants aboriginal heritage he challenged this law due to it conflicting with his aboriginal rights.

Paula’s damages include any injury sustained by the strike and any medical bills she must pay. Looking at all the elements associated with Prima Facie it clear that both Dean and Ricardo were

This argument that will next be discussed, will involve the punishment structure of the two systems. This discussion will examine how the two configurations differ from punishments; this quote can explain how the law differs from the general ways of punishment. " The traditional Aboriginal punishment system is more effective in the case of the traditionally oriented Aboriginal person because the punishments are couched in terms of traditional values and are therefore both relevant and of impact"(Australian Law Reform Commission, 1986, p.68). This shows that systems are completely different in laws, and if it is not recognized then the traditional laws that have been around for centuries will be dismissed and will cause trouble and confusion.

As a result of this highly positive response the Law Commission recommends the adoption of a changed version of Offences Against the Person Act 1861. The arguments in favour of reform are remarkable. The 1861 Act is brought together existing law on injury to persons into one piece of legislation. As a method of keeping the law up to date this can be very effective; as the common law develops and becomes fairly stable and old pieces of legislation are being replaced in a disorganised way with separate legislation, it helps to put everything in one place to make it easier for citizens to understand and lawyers to work with.

R. v. Williams, [1998] 1 S.C.R. 1128 v. Williams was a criminal case, heard by the Supreme Court of Canada, in which the accused appealed the decision of; Court of Appeal for British Columbia. Facts: Victor Daniel Williams is an aboriginal man who pleaded not guilty but was charged via trial by judge and jury for the robbery of a pizza parlour in October, 1993. in Victoria BC. His defence was that another aboriginal had committed the crime. Williams challenged the jury on the basis of s.638 of the criminal code “an accused is entitled to any number of challenges on the ground that.. a juror is not indifferent between the Queen and the accused” as they had established significant amounts of prejudice against aboriginals, which was dismissed in the Court Of Appeal, leading to his conviction.

Introduction Doctrine of Privity was established as early as 1861 in the Tweedle v Atkinson case, consisted of two rules: (1) a third party may not have obligations imposed by the terms of a contract; (2) a third party may not benefit from the terms of a contract. The second rule is criticized by scholars and law practitioners for its inability to allow a third party (TP) enforce a contract for his/her favor intended by the contracting parties (CP). And hence, in 1999, the Contracts (Rights of Third Parties) Act 1999 (The Act) came into force in United Kingdom, to reform the doctrine. In my opinion, the Act does simplify and mend the problem caused by the Doctrine of Privity but still has its limitation. Discussion: The Act as a simple mechanism Avoiding Inconsistency: inconvenience in commercial life and other legal actions

On the other hand, the appellants agreed that the prostitution laws created risks and safety issues for the well-being of sex workers and interfered with their right to security protected under s. 7 of the Charter. However, they argued that there was no connection between the three provisions and whether the provisions added risks of violence to current and former prostitutes. There was no causal connection between the challenged provisions and the alleged interference with "right to security" (para. 73). In this case, the whole basis of the appellant 's argument was that the Criminal Code provisions do not directly infringe the security of a person and that non-direct contact (the client) is the cause of this infringement of security. By blaming

Importance & introduction to legal aid in UK : Legal aid forms a quintessential part of the democratic process for dispensing and administrating justice. Labeled as one of the most expensive governmental aids (around the world), the legal aid in the UK is a £2bn colossal industry. But recently, the budget has taken a toll on this system, with imposition of numerous cuts. True, the legal aid cuts are severing a lifeline for many poor families, but how?

In executing the powers however, the law-making subsystem did not accept to afford the police uncontrolled discretion. Instead, while digressing from the accepted test of reasonable suspicion, s44 and its predecessor stop and search were shaped provisional to mandatory, statutorily proscribed process prior to being adopted. This Government described this process as a means to provide operational flexibility, paired with clear safeguards avoiding misuse. However, interpretation of this procedure by the police aided the use of the powers disregarding the level of oversight through which the legislature validated through their expansive and highly discretionary drafting. This disparity, between the legislature and the police arising from different subsystem expectations regarding the nature of powers, which in turn diminished the effectiveness of the statutory safeguards against misuse.

2. A High Court claim was lodged for the return of staff travel to striking crew or damages, alleging breach of contract and breach

As in the case Dullaghan v Hillen. The security guard robbed her of total restraint and liberty as in the case. The security guard detained her movement in all directions and Anne was constrained to the walls of the back room supported by the case Bird v Jones . The security man implied physical contact on Anne without her consent committing a battery on her as supported by the caseWhite v Store Security.