Exercise 024 | Law

Exercise 024

Prisoners A-XX Inclusive v State of New South Wales (1995) 38 NSWLR 622

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click here (AustLII link) to view the case

Easy questions

  1. In what court was the case decided?
  2. What do the initials JA stand for after the judge's name?
  3. What was the outcome of the case?
  4. Who are the parties to the case?
  5. Who appeared for the respondent?
  6. How were the proceedings in the case begun?
  7. What did the appellants seek?
  8. What did the respondents seek?
  9. What were the material facts of the case?
  10. What is the role of the Aboriginal Legal Service in relation to these clients?

More difficult questions

  1. Is this a case of public or private law?
  2. What is habeas corpus?
  3. What were the issues which the judge at first instance had to decide?
  4. What were the grounds of appeal?
  5. What did Sheller JA think is the status of the writ of habeas corpus in NSW?
  6. How did Sheller JA use Miller v The Queen in his judgment?

Complex questions

  1. Explain whether you think this case is an example of the artificial reason which Sir Edward Coke argued was the basis of the common law.
  2. Was there a ratio decidendi in this case?