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So where do we read judgements? Anyone know? (Read 614 times)
locutius
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So where do we read judgements? Anyone know?
Oct 18th, 2010 at 4:48pm
 

There is a common saying that includes the phrase that "Justice should be seen to be done".

Now it has bothered me for some time when newspapers print some case going to trial and we never hear about it again or when they do report a judgement, just what is the quality of their reporting.

This goes to the heart of the matter with the following article..

http://www.theaustralian.com.au/news/nation/queensland-chief-justice-paul-de-jer...

Quote:
QUEENSLAND'S chief justice Paul de Jersey says people should read court judgments before deciding if they are fair.

Chief Justice de Jersey made the comments amid public anger over a decision to slash nine years off the 25-year jail term handed to Brisbane's bikeway rapist.

The Court of Appeal, including Justice de Jersey, decided the original sentence handed to Luke James Colless, 34, was too harsh and did not adequately account for mitigating factors.

He will now serve 16 years for raping five women and sexually assaulting six others between April 2006 and July 2008.

The Queensland government has flagged taking a possible challenge to the High Court, as members of the public used websites to vent their anger over the reduced term.

Justice de Jersey said he didn't want to be accused of trying to justify a decision that involved him.

But it was clear some people writing about the Colless case had not read the appeal court's judgment.

"Part of my mission is to do my utmost to maintain public confidence in the work of the courts and where there is trenchant public criticism of particular decisions, it is a matter of great personal concern to me,'' he told the ABC.

He said confidence in the system could be "eroded by insufficiently informed criticism''.

"I read the blogs yesterday afternoon and it was clear to me that many of the writers (about the Colless case) had not read the judgment,'' he said.

He urged people to look up the Colless judgment online and read for themselves why the appeal court determined the original sentence was too harsh.

Justice de Jersey said he was confused by claims that judges were out of step with public views on sentencing.

"This suggestion confuses me and always has,'' he said.

"It's impossible that judges be out of touch with generally held community attitudes because judges are members of the community.''



I agree that we should be reading them and still criticizing the bench if it requires it....but the question still goes begging.....where do we find them??? where do we read them???

Anyone know?
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Verge
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Re: So where do we read judgements? Anyone know?
Reply #1 - Oct 18th, 2010 at 4:50pm
 
I think lawlink has the cases, you need to know what case you are looking for.
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locutius
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Re: So where do we read judgements? Anyone know?
Reply #2 - Oct 19th, 2010 at 9:04am
 
Thanks Verge. I tried looking at Law Link without luck, even though it is a NSW site.

I have found this site this morning which looks promising but have not had a chance to check it yet.

http://www.sclqld.org.au/contact/faqs.php

Failing this I will call the courts themselves. So much for transparency or ease of access.
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muso
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Re: So where do we read judgements? Anyone know?
Reply #3 - Oct 19th, 2010 at 9:11am
 
Here is a good site. The Australian Legal institute.

http://www.austlii.edu.au/

I use it for legislation because the Acts and Regs are in html format but it has most of the cases in there too.
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buzzanddidj
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Re: So where do we read judgements? Anyone know?
Reply #4 - Oct 19th, 2010 at 9:44am
 
locutius wrote on Oct 18th, 2010 at 4:48pm:
 I agree that we should be reading them and still criticizing the bench if it requires it....but the question still goes begging.....where do we find them??? where do we read them???

Anyone know?





http://archive.sclqld.org.au/qjudgment/2010/QCA10-026.pdf




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locutius
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Re: So where do we read judgements? Anyone know?
Reply #5 - Oct 19th, 2010 at 12:47pm
 
Thanks guys I will check both those links.

The one I posted earlier does look promising with this page..http://www.sclqld.org.au/qjudgment/

Thanks
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