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The adversary system is the method of trial used within Australia's legal system. Under this system, two sides come before an independent and impartial court to prove their allegations (Australian law, 2017). This process requires parties to prepare their own case and submit appropriate evidence to a certain standard to substantiate their claim (Year 12 Legal Studies, 2016). This system is utilised throughout all legal courts in Australia and was the system used for the Queensland case between JAA and R. The applicant, JAA, pleaded guilty to two offences; assault resulting in bodily harm, while armed and trafficking in a dangerous drug as a vicious lawless associate. After 5 months, JAA was sentenced to serve 5 years imprisonment, suspended after two years have been served.
Previously, the applicant JAA had been sentenced to prison August 2017 under the Vicious Lawless Association Disestablishment Act 2013 (VLAD) criminal law, after pleas of guilty for all the offences of assault resulting in bodily harm whilst armed as well as trafficking dangerous drugs. Under the VLAD act, the mandatory sentence for the serious organised crime aggravation was a cumulative sentence of seven years, served in a corrective services facility. However, JAA wished for a repeal of the VLAD Act as it had been replaced by Serious and Organised Crime Legislation Amendment Act 2016. This meant there was no power to impose any sentence as it has been discontinued. A repeal hearing was organised about this matter in the supreme court of Brisbane on 21 December 2018, with judges Sofronoff P and Douglas and Brown JJ. The new judge Sofronoff P, considered that if it were not for the simultaneous circumstances, the original sentence would have resulted in seven years’ imprisonment. However, the applicant made very substantial claims and cooperated significantly with the administration of justice. Combined with the circumstances of the assault and the aggravation involved, the honourable judges made the decision that a concurrent sentence of imprisonment for five years suspended after two years has been served would be suitable. Furthermore, the suspended sentences will have an operational period of five years. (Supreme Court Library Queensland, 2019)
Sentencing encourages the accused to never commit the crime against as they’ve been punished by having to complete an undesirable situation. In this case, JAA was sentenced to 5 years of imprisonment (suspended after 2 Years) to encourage him to never participate in drug trafficking again or assaulting another person. Sentencing plays a large role as it is the outcome of the entire court process, it is the reason why it occurs. To find out what crime was committed and bring justice to the wrong doing. The sentencing process enforces the criminal to never commit the crime by subjecting a type of punishment. Thusly, sentencing is one of the most effective parts of the legal system as it punishes the offender, makes them rethink their action to never commit them again. The courtroom has very distinctive features, with the judge onlooking everyone within the courtroom. As the judge gives the verdict if the jury are not present, I would be necessary for the judge to be able to see everyone in court. As the accused has little interaction with the courts proceedings, there placement is pushed to the back. The bench is where barristers defend/accuse people of the matter. Thusly the location of the bench is closest to the judge. This layout allows for the most active roles to be closer to the judge which makes it easier to hear and not misinterpret.
The formatting of the courtroom with the judge sitting above everyone is indeed intimidating. Also, by pushing the accused to the back of the room (in the dock) makes them feel like the power has been taken out of their hands.
The Judge Associate plays a much larger role in the order of the court than at first expected. The Associate role is to give a confidential aide to the Judge if the judge is to have any concerns. However, the main roles include; conducting legal research, dealing with court staff, the press and the public and noting judge arraignments, recording of verdicts in criminal trials and recording orders (Queensland Courts, 2019). The Judge associate allows the court to run smoothly as the judge can put their focus towards the orders of the case and taking each fact into consideration and not waste time of extra organisational matters.
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