Exercise 011 | Law

Exercise 011

Assault and Battery: Christine Josephine Casey v Gillian Ruth Hayward No. JA51 of 1996 [1997] NTSC 24 (12 March 1997)

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Easy questions

  1. How was the case cited?
  2. What type of case was it - civil, criminal, first instance, appellate?
  3. Where was the case held?
  4. From where was the case appealed?
  5. Who was/were the judge/s?
  6. Who was the appellant?
  7. Who was counsel for the appellant? Where was counsel from and why would this organisation represent the appellant?
  8. Who was the respondent?
  9. Who was counsel for the respondent?
  10. Explain the following terms (using your legal dictionary):
    1. antecedents
    2. suspended sentence
    3. assault
    4. battery

More difficult questions

  1. What is this appeal against?
  2. Why had the Magistrate at the Court of Summary Jurisdiction decided to impose a term of imprisonment?
  3. Why did the Magistrate decide to suspend the sentence and impose a good behaviour bond?
  4. What were the grounds of appeal?
  5. What requirement is there for the court to be able to allow an appeal?
  6. What did Kearney J believe was the Magistrate's reason for imposing a custodial sentence? To what aspect did the Judge believe the Magistrate had given insufficient weight?
  7. What did Kearney J state was the aim of sentencing and who did he quote to this end?

Complex questions

  1. What evidence did the respondent's counsel provide that the Magistrate's approach to sentencing was appropriate?
  2. What were counsel for the appellant's reasons for disagreeing with the Magistrate's decision?
  3. What was Kearney J's response to the assertion that the 'norm' for sentencing in situations involving assault of police officers is a custodial sentence?
  4. Did Kearney J strictly follow precedent in this case?
  5. Despite the cases discussed in which young first offenders convicted with assaulting police were given custodial sentences, what principle did Kearney J apply in this instance?