Case Law Study in Ratio Decidendi Essay Example | Topics and Well Written Essays - 2500 words

Case uprightness Study in Ratio Decidendi - Essay Example subsequently this the type of effect that this show window 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 chance 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 mortal entered Ms Ws residence in Lowood and made an set out 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 world 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 macrocosm AS prior to being attacked. After being attacked she went to Ms Ds premises for help.Later on Jason Crowther the police sergeant arrived and he described the morn as being overcast with drizzling rain. He also stated that espied a man ride 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 truly same day Ms W identified A after seeing a moving-picture show board at the police station of young aboriginal males. During cross examination she stated that she had ground her identification on the fact that she had seen A in her neighbourhood. It was also revealed that W generally wore specs and that her seeing was so weak that even in the courtroom she was not able to clearly distinguish the features of the advocat or 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 single after seeing the photo board. Furthermore, the Crown did not give any evidence as to how they had selected the particular(a) photographs that were shown to W and she stated that she had only obtained a glimpse of the assaulters 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 aborigin al in a yellow T shirt walking in that field of honor. 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