Case: Fowkes v The King [2023] VSCA 160

Critically Evaluate

Undertake a close reading of the case. Explain clearly and succinctly the relevant detail of the case. Discuss the relevant laws of evidence applied in the case. Consider the legal context of the law. Explain the reasoning of the judge(s).

It is expected that you will: identify the legal process involved. Is it a trial? A pre-trial determination? A ruling on a Voir Dire? An appeal? Or an application for leave to appeal? what is the law applying to the process? What is its source: legislation, or common law? what are the legal criteria that apply in resolving the issues raised?

what physiological or political stance has the judge taken?

is the reasoning consistent or contradictory?

is the evidence the judge has relied on correct and accurate?

is the reasoning coherent?

is the reasoning structured in a logical order?

how well has the judge reasoned his arguments and conclusions?

how well or how badly has the judge acknowledged/ responded to the issues surrounding the case in their judgement?

what has the judge failed to engage with?

define the wider issues or concerns the case sits

discuss the contribution the case has made to wider issues and concerns In respect of both legislation and common law: is any further guidance on the interpretation and application of the provision to be found in authoritative texts such as Cross or Odgers? does the application of the law support the broader objectives of the area of law involved? For example, if it is criminal law does it promote the effective and efficient enforcement of the criminal law? does the application of the law support the broader objectives of the rule of law in a democratic state including equality before the law and respect for the rights and dignity of individuals?