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LLB101 INTRODUCTION TO LAW CASE NOTE ASSIGNMENT
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Task: Case note assignment
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Submission |
You will upload your document to the Submission Link for the Case Note |
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Assignment – you will find this on our Canvas page, in the ‘Assessment’ section. |
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Remember that assignments must be submitted by the due date, or within a 48- |
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hour grace period following. |
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Should extenuating circumstances prevent you from submitting this task, you |
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should apply for an extension in the correct manner. If you have not received an |
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approval of the extension by the due date, you should submit the work you’ve |
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completed so far, in case your application is rejected. |
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In accordance with QUT rules, submissions later than that will not be marked, |
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unless you have an approved extension. |
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Please ensure that you allow adequate time for the upload to complete (i.e. do not |
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leave your first upload until the last minute), and that you check the file you’ve |
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uploaded to Canvas is the correct one you intended. |
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Should you encounter technical difficulties, please contact HiQ for IT assistance. |
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Specifications |
a) |
This task has a maximum limit of 2000 words. Words beyond this will not be |
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read. You must note your accurate word count at the end of your assignment. |
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Your word count includes every word in your document, except for the word |
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count itself, footnotes (which should only contain referencing information), |
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and the template table from task (h) overleaf. |
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b) |
Your document must be formatted in accordance with Written Assessment in |
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the Law School. |
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c) |
Referencing is required. Refer to passages from the judgment using footnotes |
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in the form specified in Australian Guide to Legal Citation 4th ed. |
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d) |
A bibliography is not required. |
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e) |
Use meaningful headings to signpost your answers. Do not merely repeat the |
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questions verbatim. |
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f) |
Do not incorporate this task sheet, or the criteria matrix, into your answer |
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document. |
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g) |
This is an individual assessment task. Any instances of academic misconduct |
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(for example, collusion) will be dealt with under QUT’s Manual of Policy and |
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Procedure (MOPP) Ch C/5.3. Please see Written Assessment in the Law School |
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for more information about maintaining academic integrity. All students are |
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reminded that each student's assignment must be entirely in their own words, |
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except for quotations or paraphrasing acknowledged in the approved fashion. |
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Any plagiarism or collusion between students may result in a mark of zero or |
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more severe penalties. Do not share draft copies of your work with any |
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other student. |
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WHAT YOU WILL DO:
Assume that you are working as a paralegal in a Queensland law firm. The Senior Partner of the firm has asked you to write a case note about a recent decision of the South Australia Court of Appeal, for distribution to your colleagues in the firm. The case is: R v Yaroslavceff [2022] SASCA 123. Your case note needs to address the following matters:
- the material facts of this case.
- the issue/s involved.
[8 marks for (a) and (b)]
- in relation to such issue/s, the decision reached by each Justice and an analysis of the reasoning used by them. (You may treat a joint judgment in a combined fashion.)
[15 marks]
(d) the overall result of the appeal, in relation to the issue/s.
[1 mark]
The Senior Partner is also interested in how a case with similar facts to R v Yaroslavceff would be treated in Queensland and has asked you to answer the following questions. You may need to do some further research or reading and must explain your answers by referring to relevant sections of relevant Queensland legislation.
- In Queensland, who brings an appeal against a sentence imposed by the District Court of Queensland on behalf of the prosecution?
[1 mark]
- Does that person need leave to appeal against a sentence imposed by the District Court of Queensland?
[1 mark]
- Livesey P and David JA raised concerns about ‘double jeopardy’ in their reasons. Assume that pursuant to Chapter 58A of the Criminal Code 1899 (Qld), a person charged with assault occasioning bodily harm, in breach of the Criminal Code 1889 (Qld) s 339(1), is tried summarily and acquitted. Would an appeal seeking to overturn that acquittal be available? (Make reference to sections of legislation where relevant)
[2 marks]
- Locate the authorised version of the Penalties and Sentences Act 1992 (Qld) s 9. Read paragraphs [22] to [28] of R v Yaroslavceff again – they set out the approach taken by the District Court of South Australia sentencing judge in the case. Copy and paste the following table into your case note document and complete the table by cross-matching extracts from paragraphs [22] to [28] with the relevant sentencing principle set out in the Penalties and Sentences Act 1992 (Qld) s 9(2).
As an example of what you are required to do, an extract from paragraph [66] of the case, where Doyle JA considers matters relevant to sentencing, has been been completed for you.
(Note that the words already completed in the table will not count towards the maximum word limit – i.e. perform a word count once you’re finished writing, and then deduct 172 words from that (provided the table below was copied verbatim). List the resulting figure as your word count.)
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Extract |
Sentencing principle |
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Example extract: |
Example sentencing principle: |
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…the significant injuries suffered by the victim |
s 9(2)(e) any damage, injury or loss |
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(including comminuted fractures to the nasal |
caused by the offender. |
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bones and left eye socket and resulting |
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hypoglobus, a blown pupil, facial bruising, a |
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number of broken teeth, and fluid to the lungs). |
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That Mr Carter was prepared to make offensive |
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remarks was a significant cause of the escalation |
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in tension that morning. In addition, the physical |
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altercations commenced with Mr Williamson |
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attacking the respondent and Mr Carter attacking |
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the respondent’s brother. [23] |
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…punching to the face is “very dangerous … and |
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the experience of the courts is that very serious |
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and debilitating injuries, and sometimes even |
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death, can result”. [24] |
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The sentencing judge found that the respondent |
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was co-operative with police and gave them a full |
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and frank account of his behaviour…[26] |
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Your prior good character, the specific |
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circumstances in which the offence occurred, your |
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family, and your employment responsibilities in |
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combination are good reason to suspend the |
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sentence…[27] |
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[2 marks] |
Finally, the Senior Partner in your law firm insists on clear, accurate written communication! The following factors are examples of what will be relevant:
- You will need to ensure that your response is organised and presented well (eg use of headings, spacing and margins). In particular, you will need to comply with all of the instructions identified in the Specifications on page 1 of this document.
- You will need to write in plain English, using correct grammar and an appropriate writing style. You should consider how you structure your response: overall, within paragraphs and within sentences.
- You will need to proofread your work so that your answers are free of errors in punctuation and spelling.
- You will need to acknowledge your sources and correctly cite cases, statutes, etc using AGLC4 style.
[10 marks]
[Total for Assignment: 40 marks]
Helpful hints:
- Look up any terms that you do not understand in a legal dictionary.
- You are expected to make reference to relevant law where appropriate. Use pinpoint references in your footnotes to support your answer.
- As far as possible, express the Justices’ reasons in your own words. Quotations are permitted, but excessive quotation will not be viewed favourably. By using your own words, in language that is easy to understand, you are able to demonstrate to your marker that you understand what the case is all about.
- Ensure that you have consulted the relevant lectures/recordings for guidance, and engaged in tutorials to practise your skills.
- For written communication, there were resources developed to assist you in the first assessment item (Part A Writing Task) – see the LLB101 Canvas site. In addition to these, there are also helpful resources on the MyLLB Canvas site > LLB Help Me > Legal Writing and Referencing. In particular, you can view a series of podcasts on punctuation, grammar and cohesion in writing – these were developed to support a now-defunct first-year unit, however the lessons are still valuable.