Criminal Law: NEW SOUTH WALES LAW ONLY

1. Bob recently graduated from university with a Business degree and in January 2011 Bob opened his own business. Today, Bob owns and runs a number of tattoo parlours in various cities and towns in the state of New South Wales and hopes to expand his business ventures into Queensland next year. Bob has developed a revolutionary technique called ‘cold radiation’ skin imprints and designs which he hopes to patent. Although the process is quite painful, Bob’s business has proved very successful and Bob is a wealthy man.

Bob seeks your advice has last week a zealous prosecutor decided to prosecute Bob for the activity of tattooing clients.

Assume there are no statutory offences that specifically prohibit ‘cold radiation’ skin imprinting or tattooing. Discuss the prospects for a successful prosecution against Bob.

You may answer question in format/structure of your choice: i.e. essay structure, report, legal letter or memo to Bob.

Its okay to use headings and subheadings

Remember that you only need to consider the law in NSW (not Qld or overseas). There is no need to consider civil law issues or health regulations or the law pertaining to business entities. The question simply relates to Bob’s criminal liability (if any). Value: 20 Marks.

See J. Anderson (2010) Criminal Law Guidebook, pages xii-xiv for information regarding ‘how to answer legal questions’.

Marking Criteria

Marks will be awarded

Identifying the major issues raised by the legal scenario
Illustrating the major issues and themes in relation to leading case law
Explaining the relevance of case law and why it is significant to the facts of the legal scenario
Linking the facts of the scenario to relevant case law and legislation
Evidence of research
Composing clear, concise advice that addresses the actual question posed
Justifying (where appropriate) legal advice with references to relevant sections of cases and legislation
Sound use of ‘policy’ arguments where appropriate
Avoidance of non-issues
Correct legal citation
Referencing
Presentation of paper (i) quality of written communication (ii) quality of presentation

Presentation
Assessment items should be typed
Use 1.5 spacing
Use a wide left margin. Markers need space to able to include their comments.
Use standard 12pt font such as Times Roman or Arial.
Include a separate title page with your name, student number, subject code, assessment number and assessment question.
Number your pages (except the cover page).
Use a header or footer with your name and student number on each page.
Always keep a copy of your assessments. Both a hard copy and an electronic copy.
Always use your spelling and grammar checker.
Proof read your document, remember that spelling and grammar checkers do not pick up all errors.

Requirements
Case citations

Abbreviations of commonly used Law Reports

A Crim R = Australian Criminal Reports
AC = Appeal Cases (British) 1891 to date
ALJR = Australian Law Journal Reports
All ER = All England Law Reports, 1936 to date
All ER Rep = All England Law Reports Reprints, 1558- 1935
ALR = Australian Law Reports
CLR= Commonwealth Law Reports (High Court cases)
FCR = Federal Court Reports
KB King’s Bench Report (English), 1891 to date.
NSWLR = New South Wales Law Reports
QB = Queen’s Bench Reports (English)
SASA = State Reports (South Australia)
VR = Victorian Reports
WALR = Western Australia Law Reports

___________________________________________________________________________

When first discussing a case you must provide the full case citation. For example: R v Brooks ((1998) 44 NSWLR 121

If referring to a specific section of the case you will need to refer to the name of the judge and the paragraph (or page) of the judgment. For instance, R v Brooks ((1998) 44 NSWLR 121 Smith J at 124. If you use online case law you will usually refer to the paragraph of the judgment.

Note that ‘R’ stands for the Crown (prosecution) and Brooks is the defendant in the above case. The case is reported in Volume 44 of the New South Wales Law Reports (NSWLR) commencing at page 121.

In subsequent discussion of a case it is sufficient to reference as R v Brooks (1998) or Brook’s case. For each case citation there must be a corresponding listing in the reference list. Your reference list should have a separate heading for case law and legislation. Please note that the name of the case must be placed in italics or underlined.

If you have obtained a copy of case from Austlii it is OK to reference to the paragraph number in the judgment. For example, Royal v R (1990) 145 CLR 12 per Kirby J at para. 53. If you have located a hard copy of a case you can reference to the page number.

If you are unable to locate an original case it is OK to use case extracts from your textbook. However, in such instances, you will need to acknowledge textbook and page number in text of paper. For example, R v Brooks ((1998) 44 NSWLR 121 (cited in Browne etal (2001) p. 234).

Legislation:
If you are discussing legislation you should refer to the relevant section of the Act. For example: s 138 Evidence Act 1995 (NSW) or s 138(f) Evidence Act 1995 (NSW).

Quotations:
Short quotations, that is of three lines or less, must appear in inverted commas, for instance, ‘Some courts and commentators have argued that the concept of logical relevance is too simplistic’ (McNicol & Mortimer 2005:15).

If you are quoting a passage of three lines or more you must indent and single space. A clear reference in brackets, including to the page from which the quotation came, should appear at the end of the quotation. The quotation must be clearly separated from your own wording.

Evidence is directly relevant to a fact in issue when the evidence itself bears on the probable existence or non-existence of that fact. An item of evidence is directly relevant when it renders the fact in issue more or less likely. For example, the accused is charged with the murder of his wife by poisoning. (McNicol & Mortimer 2005:14).

Whenever you use the wording from your source you must set it out as a quotation. Avoid long quotations or paraphrases. If you need to use them, make it clear where it starts and ends: what is yours and what is theirs. Usually direct quotations are included for the purpose of criticism. For instance, so that your reader can judge for himself or herself whether your criticism of a case or statement is justified etc.

Plagiarism:
Plagiarism in assignment writing can bring immediate penalty of failure in that assignment. It is also grounds for exclusion from the University. Plagiarism is the taking of another person’s work, ideas, research, writing etc, and using it as though it were your own without abiding by academic conventions of acknowledgment.

How to avoid plagiarism? The answer lies in correctly referencing – giving credit to the person whose idea/research you are using. Every work or idea that is taken from another author, whether copied, summarised or paraphrased must clearly be identified as belonging to them. Even if you have just expressed that idea in your own words, you must provide a reference.

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