Statutory Interpretation Exercise - Essay Writing - Law Assignment Help

Assignment Task

Purpose - The purpose of this assessment is to assess your capacity to apply rules of statutory interpretation in the reading a case and/or provide legal advice.

Part A: Statutory Interpretation Exercise. You are a barrister, who has been briefed by Mr German’s solicitors to provide a written memorandum of advice as to whether
Mr German should appeal the decision made by Judge Davis. Judge Davis was asked to rule on the use of body-worn camera footage from two prison officers which depicts images relevant to the proceedings. The use and disclosure of such footage is governed by Division 1 of Part 5 of the Surveillance Devices Act 1999 (Vic). The issue was whether the State of Victoria is precluded from releasing the footage to your client in this proceeding and that to permit inspection of the footage will constitute a criminal offence under s 30E the Act.

-Download the decision of the Count Court of Victoria: German v State of Victoria [2020] VCC 1517 (linked to the Assignment 2 page on Canvas).

-Prepare a memorandum of advice to Mr German’s solicitors about whether the Court correctly applied the relevant principles of statutory interpretation in applying the Act to the circumstances outlined above. NOTE: Mr German’s appeal is out of time because the decision is more than a month old, as you can see. For the purposes of your memorandum ignore this issue.

Part B: Short Essay Question - John McMillan, a constitutional scholar, has written that “Australia does not currently have a perfect Constitution. We may be a stable
democracy, the Constitution may have survived two wars, a depression, and a revolution in technology and ideas, but the document is not ideal or flawless.”Do you think Australia’s Constitution is deficient? Discuss, using examples to illustrate your answer.

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