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I‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍n relation to each client, you will need to ensure that you

by | Sep 23, 2021 | Law | 0 comments

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I‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍n relation to each client, you will need to ensure that you: 1. Have an introductory paragraph that alerts the reader to the identity of the client, the main legal issues they are facing and your overall assessment of their legal position; 2. Do not include a section that simply describes all the relevant facts of this case; 3. Only refer to cases, legislation and materials that have been covered in the lecture slides on statutory interpretation, or in the ‘additional materials’ found on Blackboard; 4. Break up your content with headings, if appropriate. A good/appropriate heading is one that helps the reader to navigate your assignment; it helps the reader realize what topic you are discussing; 5. Have a very brief conclusion that recaps the legal conclusion you have reached. For example, if your client’s position ultimately hinges on the success of one or two elements, then point this out. If you have made an argument in the alternative, then it may be appropriate to indicate your client’s preferred argument. Remember that you are trying to help your reader understand the overall strength/weakness of your client’s position, and how satisfied the client will be with their legal position. 1. Referencing according to the AGLC4; 4. Headings styled according to the AGLC4;6. 6. No bibliography. 1. Clear and sufficiently detailed identification and description of the relevant law (using only the cases, legislation and materials identified in the course materials); 2. Clear and sufficiently detailed identification and description of the relevant facts; 3. The law has been applied to the facts persuasively; 4. A coherent assessment of the likely strength of the competing arguments has been given; 5. Compliance with the referencing style required for this assessment (see above). Problem Question Scenario On Monday 13 September 2021, in NSW, Paul was out in a boat on the river with some friends. He had recently retired, and he was attempting to learn how to sail. However, Paul soon became seasick, so his friends dropped him off at the closest jetty. The jetty in question was a public jetty at which‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍ small boats could temporarily moor, while loading and offloading goods and passengers. Once he was on the jetty, Paul decided to sit and ‘settle his nausea’ by vaping. He had legally imported a nicotine-containing e-cigarette 3 months previously, and he had a doctor’s prescription that allowed him to smoke it twice per day. A policewoman saw Paul and charged him with smoking on a jetty contrary to s 630A(1) of the Local Government Act 1993 (NSW). Please note that although s 630A is a fictional addition to the Local Government Act 1993 (NSW), you are to treat it as if it were a real provision. The provision reads as follows: 630A Smoking and loitering (1) A person who, without lawful excuse,smokes on a public wharf is guilty of an offence. Maximum penalty—10 penalty units. (2) A person who, without lawful excuse, loiters, lounges or sleeps on a public wharf is guilty of an offence. Maximum penalty—10 penalty units. Advise Paul. Please note that it is conceded that Paul does not have a lawful excuse. Additional Materials (linked on Blackboard) • Local Government Act 1993 (NSW). • Interpretation Act 1987 (NSW). • Crimes (Sentencing Procedure) Act 1999 (NSW). • Art. 5 of the WHO Framework Convention on Tobacco Control (‘FCTC’), to which Australia is a party. • The Smoke-Free Environment Act 2000 (NSW) and Smoke-Free Environment Regulation 2016 (NSW). o Please note that Paul has not smoked in a ‘smoke free area’ for the purposes of the smoke-free legislation, and that is why he has not been charged under this legislation. o Reading this legislation will provide you with the broader legal framework. 2 o To read the smoke-free legislation, you will need to read definitions from the Public Health (Tobacco) Act 2008 (NSW), so this legislation has also been provided to you. • The Second Reading speech by the Minister sponsoring the Local Government Bill 1993 (NSW) in the Assembly (which links to a prior second reading speech introducing the Bill in 1992). • The Second Reading speech by the Minister sponsoring the Smoke-Free Environment Amendment Bill 2018. • Director of Pu‌‍‍‍‌‍‍‌‌‍‍‍‌‍‍‍‍‌‍‍blic Prosecutions v Rayment (2018) 57 VR 622.

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