Exercise 002 | Law

Exercise 002

Mental Health: Regina v Robert Joseph Saad [2002] NSWSC 146 (22 February 2002)

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click here (AustLII link) to view the case

Easy questions

  1. How would you cite the case?
  2. In which court was the case heard?
  3. Who was/were the judge/s?
  4. Who appeared for the appellant?
  5. Why was there no jury?
  6. What kind of hearing was it - appellate, first instance, civil, criminal?
  7. Explain the following terms (using your legal dictionary):
    1. Regina
    2. indictment
    3. arraignment

More difficult questions

  1. What was the legal question in the case?
  2. Which legislation did the judge make use of to decide the case?
  3. What is required of the jury (or in this case the judge) if mental illness is established?
  4. What does it mean to state that it is 'for the accused to establish the defence of mental illness'?
  5. What case did the judge make use of, and quote substantially, in relation to matters of law and fact regarding a finding of mental illness? Did he follow this case?

Complex questions

  1. What were the issues that needed to be dealt with by the court prior to the legal question in this case?
    1. What evidence did the judge examine to investigate these issues?
    2. How did he come to his conclusions?
  2. What aspects of the legislation were used to determine a special verdict of mental illness?
  3. How was the judge's decision in line with the requirements of the relevant legislation?