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Llb101 Legal Analysis Assignment

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LLB101 Introduction to Law Legal Analysis Assignment Sem 1 2017 Material Facts On January 13, 2015, the applicant was placed on probation for offences of injuring animals and trespass. These offences were committed on November 9, 2014, when the applicant was 12 years old. In this instance, the applicant caught and beat two sheep, later letting them be mauled by a dog. While there was no conviction recorded for these offences, the applicant was sentenced to three months probation. This probation sentence was later increased to six months on April 14, 2015 for further offences. These offences consisted of an attempted break and enter and a break and enter offence, committed in February 2015 and March 2015 respectively. For these offences, despite no conviction being recorded, the applicant’s prior probation was extended and 40 hours of community service was ordered. The …show more content…

Thus, his honour believed that the Act supported the conclusion that pre-sentence custody was not required to be taken into account. This is due to the fact that the sentence of the case consisted only of probation and community service rather than detention. Thus, it was concluded that the time spent in pre-sentence custody could not be counted as detention as the formal sentence was not one of imprisonment. Moreover, his honour also compared the Youth Justice Act and the Penalties and Sentences Act, stating that there was no valid reason that the conditions of pre-sentence custody should vary. Furthermore, his honour referred to R v Fabre, a case whose decision has been followed in Queensland, in order to solidify the decision. Through the analysis of this case, Morrison JA concluded that the courts, have a discretion to take this undeclarable period of time into account, as per section 159A of the Penalties and Sentences

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