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 Gene Gibson 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 refine a piece of written work to produce a professional result.
The Essay:
Gene Gibson was an aboriginal man who was sentenced 7 years because he was falsely accused of manslaughter.. In February 2010, a man was found dead on the side of the road after going to the club. T Two years later gene was interviewed by police.. This led to the arrest of Gene for killing Mr Warneke.
The police told Gene who did not speak very well English to plead guilty because lack of evidence and because he did not speak English. Gene spoke a western Australian dessert language called Pintupi, so the police told the man to plead guilty. This was not showing Equality before the law which means this means that all individuals regardless of their race, ethnic background, gender, income level are treated equality. He was sentenced 7 years because of this.
Gene also was not given a translator he did not understand the processes of the court. This did not give him give him a chance to ask what non-guilty and guilty means. This was also showing that they did not use the principal of justice called Equality before the law. Just because he spoke a different language you can’t treat them differently, he should have gotten a translator because that would be more fair. He was sentence 7 years because of this.
Also, because gene was not given a translator. This was also showing another principle of justice called right Individual has a right to a reasonable appeal because he was not given a translator, he would have not understood any of the court system. This means Everyone has the right to a fair trial. Therefor the right individual has a right to a reasonable appeal was not shown because nothing the lawyers said to him and the police.
Gene who speaks limited English and whose first language is the traditional desert language of Pintupi argued he did not understand the court process, or the instructions given to him through an interpreter when he entered his plea. This was not showing the right to have a fair trial because they told him to plead guilty. In conclusion the police did not treat them equally to other people. There principles of justice were not shown the principal to a right individual has a right to a reasonable appeal trial which means everyone has the right to have a trail that is fair. Another principal was not shown were equality before the law , this means an individual can’t be treated differently to other people, just because of their race. the principal of individuals before the law was not shown because the police told the man to plead guilty because lack of evidence and because he did not speak very well English. The other principal of justice was not shown because they did not give the man a translator. Gene was sentence 7 years in jail because of this. He only did 5 years before getting out of jail at 11:30 This case made gene Gibson’s lawyers said that they would sue the the WA government for $2.5 million because he was not given a translator.