In this project, we learnt about the principles of justice that uphold Australia’s legal system, such as the presumption of innocence, an impartial judiciary, and the right to legal representation. I studied the case of Lloyd Rayney, and analysed how these principles were both upheld and violated in this case. After writing an essay on the topic, we were required to incorporate feedback and edit the essay so that it was fit for online publication. This essay is the end result of that editing process. It demonstrates my ability to take feedback, and to refine a piece of written work to produce a professional result.
The principles of justice are a group of laws which serve justice in court. In 2012 Lloyd Rayney was charged with the murder of his wife Coryn Rayney. Later in 2012 on the 12th of July his trial took place. In 2007 on the 8th of August Coryn Rayney went missing after her boot scooting class and was never seen again. On the 15th of August one-week later Coryn Rayney’s body was found buried in kings park bushland. The principles of justice serve justice to those who have been wronged from there human rights. The principles of justice were upheld throughout the case as Lloyd Rayney proceeded to have a fair trial.
In this case one of the priciples of justice involved in the case was, all people are equal before the law. This means that no matter their race, sexuality, ethnic background, or income level that ere equal in the system of law. Lloyd came from a colored background and different culture to those in court with him. Lloyd was called a few racist names in court like “curry muncher”. This term referred to his race and he was judged on the color of his skin. Therefore, this meant that the principle was violated in the court.
The principle of justice, individuals have the right to a fair means that all people should be equal before the courts and tribunals. In the determination of any criminal charge against him or her, or of his or her rights and obligations in a suit at law, everyone should be entitled to a fair and public hearing by a complete, independent, and impartial tribunal established by law. In the case Lloyd was able to take a hearing without a jury. This meant that it was a judge decision. The principle was upheld as he had the right to request a trial without a jury. This led to Lloyd’s case not being affected by the media meaning that his trial was fair. The judge in the case was from interstate meaning that the judge did not already have an opinion on the case like the media.
The judiciary is independent and impartial is a concept of law meaning that the court is independent from the other two branches pf government and they cannot get involved in the case. All people in the court are under the law and no one has more authority over anyone else. This independence is one of the most vital safeguards of a democracy and is underpinned by the rule of law. Lloyd had a fair trial meaning that this principle was not violated.
All people have the right to a reasonable appeal is a concept that states if there is good reasoning you are able to make a request to get an appeal. The Australian court allows people who are dissatisfied with the outcome of the case reviewed in a higher court. During Lloyds case he was convicted guilty and was charged with murder, but he was able to have another trial to prove his innocents. He made an appeal to the supreme court to undergo trial without a jury. The principle was upheld in the case as he was able to undergo trial again. The reason behind this was because the media was so one sided on the case meaning that he would be proven guilty no matter what. Overall, I think this could have been improved by getting a jury from interstate as they would have no knowledge of the case.
In conclusion the principles of justice that I have listed were upheld and violated and led Lloyd to his freedom. The priciples of justice could have been improved such as all people are equal before the law. This principle of justice was violated as he was called racist names in the court. The principles of justice serve justice to those who have been wronged from there human rights.
