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LLB101 Introduction to Law

Legal Analysis Assignment Sem 1 2017

Instructions to Students

General

1. You are asked to read the judgment of the Queensland Court of Appeal in R v MKL [2016]
QCA 249. The case can be found on the Queensland Courts Internet site
(http://www.courts.qld.gov.au/) under ‘Judgments’, which links you to the Supreme Court
of Queensland Library Internet site. Click on Court of Appeal in the menu.

2. Read the judgment and answer the questions listed below. You are encouraged to refer to
passages from the judgment using footnotes in the form specified in Written Assessment in
the Law School and the Australian Guide to Legal Citation 3, referring to the appropriate
paragraph number(s) e.g. [51]-[53]. It is recommended that you read the judgment at least
three times before attempting to answer the questions.

Due Date

3. The assignment is due on Wednesday 12 April. Assignments must be uploaded before


11.59pm.

Assessment Criteria

4. A Criteria Referenced Assessment sheet (CRA) for this assignment is available on the
Blackboard site. Please read the CRA carefully before attempting the assignment.

Total Marks

5. This assignment is worth 35% of the total number of marks for the subject.

Word Limit

6. The total word limit is 2000 words. Words in excess of this limit will not be read. The total
number of words used must be accurately noted at the end of your assignment answer. All
words used in the body of the text including headings and quotations are included in the
word count. Footnotes are not included in the word count.

Formatting

7. Please see Written Assessment in the Law School (WALS) for all formatting requirements.
You must use footnotes in this assignment. Footnoting of cases and legislation is explained
in the WALS document. It is expected that the majority of your footnotes will be referring
to the Court of Appeal decision itself. Remember to use pinpoint references. Please do not
include a bibliography in this assignment.

Plain English

(i) Answers are to incorporate principles of ‘plain english’, which include appropriate
language, style and presentation. You must use headings – as well as correct spelling,
grammar and punctuation. You are expected to write in paragraph form. Dot points
are not permitted.

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Answers Only Required

(ii) Do not repeat the questions as part of your answers. Just use a meaningful heading to
signpost your answer.

Plagiarism

(iii) All students are reminded that each student's assignment must be entirely in his or her
own words, except for quotations acknowledged in the approved fashion. Any
plagiarism or excessive ‘co-operation’ between students may result in a mark of zero
or more severe penalties. You may discuss this assignment with other students, but
your written answer must be all your own work. When you put fingers to keyboard,
you must be on your own and do your own work. Do not share draft copies of your
work with any other student.

Submission Rules

8. You must not fax, mail, email or otherwise attempt to deliver your assignment to individual
members of the academic staff. The only method for submitting this assignment is through
the Turnitin submission link on the Blackboard site.

Penalties for Late Submission

(i) Assessment submitted after the due date without an approved extension will not be
marked and will receive a grade of 1 or 0%. If special circumstances prevent you
from meeting the assessment due date, you can apply for an extension. If you do not
have an approved extension, you should submit the work you have completed by the
due date and it will be marked against the assessment criteria.

Extensions

(ii) Remember – if you think you have grounds for an extension you must apply for it by
the due date, not later when your assignment is already overdue. Here is a link to the
Law School assignment extension information:

http://www.student.qut.edu.au/studying/assessment/late-assignments-and-extensions

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Question 1

Summarise the material facts of this case that arose prior to the appeal hearing.

[5 marks]

Question 2

What was the main ground of appeal in this case?

[1 mark]

Question 3

In relation to the main ground of appeal, outline the decision reached by each justice, and
explain why each justice reached his/her decision. You are expected to make reference to
relevant law where appropriate. Deal with the decision and reasoning of each justice under a
separate heading.

[15 marks]

Helpful hints for Question 3:

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. Please use pinpoint paragraph references in your footnotes to support your
answer.

To conserve words, you may reference cases referred to in the judgments in your footnotes
rather than in the text of your answer. For example: instead of writing, ‘The High Court
referred to several cases including Trident v McNiece (1988) 165 CLR 107 and Donoghue v
Stevenson [1932] AC 562 to explain the effect of the doctrine of precedent’; write, ‘The High
Court referred to several cases to explain the effect of the doctrine of precedent’ and insert a
footnote saying, ‘Including, for example, Trident v McNiece (1988) 165 CLR 107 and
Donoghue v Stevenson [1932] AC 562’.

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Question 4

Helpful hints for Question 4:

You will need to look at the Youth Justice Act 1992 (Qld) to work out answers to these
questions.

To answer 4(e) you will also need to look at another piece of Queensland legislation.

(a) Why are there initials in the case name (MKL) instead of the surname of the accused?
What gives a court the power to identify an individual in this way when publishing a case
like this?

[2 marks]

(b) The sentencing judge in the District Court did not record a conviction for the June 2015
offending. Did the judge have discretion to record a conviction? Justify your answer.

[1 mark]

(c) Assume that the District Court judge at first instance had sentenced MKL to a period of
detention instead of probation. Assume, too, that all other factual circumstances remained
the same. How would the sentencing judge have been obliged to treat the 61 days of pre-
sentence custody? Justify your answer.

[2 marks]

(d) MKL’s actions in June 2015 placed him in breach of a pre-existing probation order. Aside
from ordering a new probation order, what other sentencing options were available to the
sentencing judge in the District Court.

[1 mark]

(e) In the future, it is possible that MKL will go to trial on his charges of rape and indecent
dealing (see judgment footnote 1). If MKL is found guilty at trial and subsequently
sentenced, what is the longest period of probation that could be ordered for these charges?

[1 mark]

Question 5

Before completing the final draft of your R v MKL [2016] QCA 249 assignment, reflect on your
experience of completing the Hart v Rankin [1979] WAR 144 tutorial exercise, and your
feedback on that exercise. What do you need to check before handing in your assignment to
ensure that it is your best work?

[2 marks]

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Form

In order to earn high marks for this component, the following factors will be relevant.

 You will need to ensure that your assignment is well organised and presented (eg use of
headings, ‘air’ around the text, etc). In particular, you will need to comply with the
procedural requirements as identified in the Instructions.

 You will need to write in plain but grammatical English and in an appropriate writing
style.

 You will need to proofread your assignment so that your answers are free of errors in
grammar, punctuation and spelling.

 You will need to correctly acknowledge your sources and correctly cite cases, statutes,
etc referred to in your assignment.

 Do not include a bibliography.

The overall total number of words used must not exceed 2000.

[Form: 5 marks]

[Total for Assignment: 35 marks]

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