Analyse a legal problem and evaluate whether a prosecution could, or is likely t

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Analyse a legal problem and evaluate whether a prosecution could, or is likely to, succeed with consideration to:
Burden and standard of proof
Elements to prove
Applicable statute and case law
Discuss features and processes of the adversary system, including the rules of evidence.
You will need to identify a current criminal matter that is yet to be finalised and analyse the potential outcome.
I reccomend the following case;
https://www.9news.com.au/national/south-australian-man-arrested-over-alleged-scam-worth-more-than-6-million/f500485b-dcac-4239-bd62-db7c58482148
Please make reference to case law, and talk about various legal principles that are relevant to the particular situation.
Remember you are to evaluate…
The assesment criteria is the following;
Understanding and application of legal principles and processes.
Analysis and application of legal principles, processes, or problems.
Evaluation of legal issues or arguments to reach a resolution and, where appropriate, make recommendations.
Communication of legal concepts and arguments.
Important legislation;
– Criminal consolidation act 1935
– Criminal procedure act 1921
– Sentencing act 2017
South Australian legislation.
Include;
Overview of the matter
Burden and standard of proof
Elements to prove
Applicable statute and case law
Features and processes of the adversary system
Likely outcome
Reccomended structure;
SUGGESTED STRUCTURE
– Overview of the matter
– Present the facts of the matter and what is alleged to have occurred as well as the charges laid against the accused
– Burden and standard of proof
– What is the standard of proof that needs to be satisfied in the matter and who does the burden of proof fall upon?
– You may also like to discuss the court in which the matter is likely to be heard following the preliminary proceeding
– Could include how the case would be cited
· Elements to prove
– What elements are necessary in proving the criminal matter (what does the Criminal Law Consolidation Act require for an individual to be found guilty of the crime/s you are examining
– Strict liability offences
– Applicable statute and case law
– Here you must outline the statute law (legislation) which is applicable to the case
– Consider case law as precedents: you must determine if the precedent is binding or persuasive and how these may be applicable when sentencing is being determined
– Features and processes of the adversary system
o Look at the rules and procedures of a trial
o Rules of evidence
o Role of the judge
o Rights of the accused
o Role of the parties
o Stages of a criminal trial
o Consider the types of evidence that could be used
o Considerations made by judges when sentencing
– Likely outcome
o What is the likely sentence that may be handed down if the case prosecution’s case is successful?
o Refer to precent and relevant legislation
– Bibliography
1,000 words max.
In-text referncing.
contact me for questions or more details.

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