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Court Observation Report R V Mark Bosnich

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Question:

Discuss about the Court Observation Report R v Mark Bosnich.
 
 

Answer:

A former local soccer player was charged with the reckless driving following his collision with the motor cyclist; however, he managed to escape from getting a criminal record. From the proceedings, it was found that the incident took place when Bosnich was driving through the Sydney CBD and a cyclist moved into the middle lane. Bosnich asked the cyclist to drive through the left lane instead of moving on the middle of the road. The cyclist broke off the Bosnich side mirror, which led Bosnich to turned his steering wheel towards the cyclist. The grill and the bumper of Bosnich car collided with the bike wheel, which led the cyclist to sustain minor injuries to his elbows. During the proceedings, it was observed that Bosnich pleaded guilty for his reckless driving however, he was fortunate to escape from conviction and disqualification of his license. Bosnich lawyer stated the court by saying that Bosnich was remorseful and he has suffered for his reputation by being slammed by the media. Under “section 10” Bosnich was placed with one-year good behaviour bond which stated him to avoid any kind of further consequences unless he commits any kind of further offence for the next 12 months (Herring, 2014).

Neutrality:

Judge ability to be neutral, principled and consistent:

The judge was ultimately persuaded to grant the client with 12-month good behaviour bond under “section 10” (Cassese et al., 2015). This represented that Bosnich should avoid any kind of further convictions and the judge hopes to recommend Bosnich position by moving forward in his life. The Judge was fair in displaying judicial fairness and impartiality towards all his parties. Furthermore, the judge acted in the fair interest of the parties without regard to his personal prejudices and listened carefully without indulging in any kind of impartiality of biasness towards both the parties. From the proceedings, it was found that the judge consistently treated the parties with equality and illustrated the behaviour, which was appropriate in the situation. He was also unhurried in deciding the outcome of the pleadings.

Respect:

Description of judge’s respect for people and their rights:

The judge was successful in maintaining the suitable courtroom tone by demonstrating adequate considerations for everyone involved in the case. The judge demonstrated an appropriate intention in understanding what is right for everyone illustrated respected by acknowledging their patience. The judge illustrated his interest in understanding the needs and problems and seemed prepared for the proceedings.

Voice:

Skill of judge at providing the participants a voice during the proceedings:

The judge reflected the parties by stating that their respective concerns were heard. The judge presented in a manner, which highlighted that, he completely considered the case witnesses and documents presented before the court.

Appearing before the judge as a litigant:

Appearing as a litigant before his Honour Graeme Henson would be fair and reasonable as it was observed from the proceedings that the judge was impartial of biasness and demonstrated an appropriate intention in understanding the case. The judge will be careful in his behaviour by treating with equality as demanded within the situation.

 

References

Cassese, A., Gaeta, P., Baig, L., Fan, M., & Gosnell, C. (2013). Cassese's international criminal law. Oxford University Press.

Herring, J. (2014). Criminal law: text, cases, and materials. Text, Cases and Materials.

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