Case Study - Review The Legal Principle at Issue and Explain The Legal Reasoning in a Court Judgement

CASE STUDY: Review the legal principle at issue and explain the legal reasoning in a court judgement or judgements.

Each of the court cases below renders a judgement on a particular legal issue. For the court to be required to render a judgement, there must of course be differing ‘views’ that one could take in relation to the ‘issue’. It is the role of the superior courts to render a judgement in relation to an ‘issue’ on appeal from a lower court.

Select one of the court cases below as the basis for Assessment Two. They are all explained in chapter three, “Components of Criminal Offences” of the set text. You will also find them listed in ‘Table of Cases’ at the front of the set text and in the ‘Index’ at the back of the set text.

Read the court case (in its setting in the relevant chapter of the set text) and explain the significance of the court case. Ensure that you identify the legal principle at issue. Also ensure that you explain the differing ‘views’ on the issue and the legal reasoning of the court (ie: explain why the court came to the conclusion that it did).

Identify a number of other academic sources that have made reference to the legal issue that you identify.

LIST OF CASES:

• RP – [3.2 “Constituting Legal Personhood”]
• Ryan – [3.4.1 “Actus Reus - voluntariness”]
• Murray and/or Jiminez – [3.4.1.1 “Actus Reus – the relevant act”]
• DPP v Morgan – [3.5 “Mens Rea – subjectivity”]
• He Kaw Teh – [3.5.12 “Mens Rea/possession”]
• Woolmington v DPP – [3.10 “Burden of Proof”]
• DPP v Stonehouse – [3.11 “Attempt (acts of preparation v perpetration)”]
• Knight – [3.11 “Attempt (mens rea)”]