Introduction
The analysis of specific litigation is an essential aspect in understanding the lawsuit as a whole. It helps to define the utilization of terminology, understand the decision-making process, and analyze the application of fundamental judicial rules. The analysis demonstrates the work of a judge, namely, making a decision based on legislation, evidence, and experience. Experience includes similar cases that have occurred in the past, which a decision can be based on, however, taking into account the details of the current case. The review of the trial process contributes to the analysis of phrases and speeches uttered during the trial. It will help to analyze the reaction and the psychological state of the defendant and other participants. In addition, it can also contribute to analyzing whether specific speeches or phrases are effective or harmful. Thus, the purpose of the work is to analyze the trial on the example of a specific event.
Case Content
The name of the Court which heard the case was Supreme Court New South Wales, and the name of the judge was Robertson Wright. The name of the accused was Hanny Papanicolaou, and she was a cleaner in the house of the victim (Burke, 2022). The date of the final court decision was 27 May 2022, which was applied according to the severity of the crime. The offense was murder; Papanicolaou broke into the Ashbury home of Marjorie Welsh in January 2019 with the intention to steal money from the 92-year-old. The section and Act are Crimes Act 1900 (NSW), ss 18, 19A, 21 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 28, 30E, 54A, Pt 4, Div 1A, Item No 1. (Caselaw, 2022). The hostess of the house discovered the intruder, after which Papanicolaou inflicted several blows with sticks for walking.
After that, the attacker stabbed Ms. Welsh several times with a kitchen knife, as a result of which the victim died in the hospital. Ms. Papanicolaou pleaded not guilty, which caused some delay in the process. It is not offered that retention was induced by any actions of the Court or the defense. The name of the Crown Prosecutor was Christopher Taylor, and the names of Defence Counsels were T. Quilter with J. Brock. Ms. Papanicolaou lost $400 in a gambling game, after which she needed funds. Knowing that Mrs. Welsh has cash, the attacker decides to take possession of the funds. Bursting into Mrs. Welsh’s house, the intruder struck with walking sticks and a kitchen knife. As an outcome of the case, due to injuries, the victim died in the hospital. Ms. Papanicolaou has been sentenced to 22 years in prison, and one will not be eligible for parole until January 2034.
Technical Content
There are several roles of a judge in particular litigation or in the judiciary in general in NSW. The most common role is to choose the strategy and way to apply existing legislation in a particular process or situation. In other words, the judge does not simply make a decision about any situation but chooses the correct application of the laws according to specific conditions. It is important because the judge must select the appropriate law, act, or regulation and apply it correctly, taking into account the situation. It is most often done on the basis of Statute Law, however, the statute may not be entirely clear on how it should be applied to the situation or it may be too general.
Moreover, there may occur situations in which there were no previous cases on the issue under consideration or there is no law regulating the situation. In such cases, the role of the judge in the NSW court system is to develop new legislation, act, or regulation to address the issue (Steele, 2020). A judge may rely on common law principles when developing a way to decide a particular case. Thus, it may include an analysis of what the law of other common law countries says about a particular case (Steele, 2020). However, it does not happen as often as there is usually either legislation or experience from previous cases, which one should base on.
The role of Crown Prosecutors in the NSW court system is specialized and narrowly focused as it articulates a complex task. Their purpose is to provide the judge and jury with credible evidence of what is allegedly a crime. Crown Prosecutors assist the Court and jury in establishing the truth and restoring justice between the public and the accused (Steele, 2020). In addition, they decide whether there are sufficient legal grounds for initiating a criminal case or whether the proceedings should be terminated. They do not affect the decision of the litigation and have nothing to do with the victory or defeat of the parties.
Defense Council is responsible for providing quality and legally justified defense strategy development services. They provide strategic advice on a wide range of security issues. It is their responsibility to protect the client with all courage and devotion using legal means. Juries are used to hear more complex cases or those where there are large monetary claims (Steele, 2020). In criminal trials, juries decide whether or not a person is guilty of a crime based on the facts. In addition, they deserve proof and apply the law at the direction of the judge but have no influence on the final decision.
Observations
In NSW court System, litigation is adversarial, which means that there are two sides, each with its own version of events and point of view. The task of each of the parties is to prove their own version using legally substantiated evidence. The Court decides only on disputed points on the basis of evidence provided by the parties and does not conduct its own investigation.
Besides, the principle that the person is ‘innocent until proven guilty is maintained in the NSW court system. It means that the person initially is considered not guilty of the crime and the task of the opposite side is to prove guilt. Despite the fact that there is such a concept as a suspect, it does not mean that this person is already guilty. Moreover, there are no restrictions on rights or freedoms until the guilt of the individual is proven.
Conclusion
The analysis of specific court cases is important in terms of effective consideration of the concept of litigation. The process in which Ms. Papanicolaou, a cleaner, was involved in the commission of murder in order to obtain funds was considered. The attack was on a mature woman, Ms. Welsh, who died in the hospital as a result of her injuries. The intruder suffered several blows with crutches and a kitchen knife, in addition, Ms. Papanicolaou was suspected of losing amount of money in gambling. Finally, certain positions in the NSW judiciary and their role were considered, including the adversary Court and the principle of innocence.
Reference List
Burke, H. (2022) Cleaner Hanny Papanicolaou, who killed 92yo client in Sydney, jailed for 22 years. Web.
Caselaw. (2022) R v Papanicolaou [2022] NSWSC 728. Web.
Steele, L. (2020) Disability, criminal justice and law: Reconsidering court diversion. Routledge.