A tale of two cafes

Those of you who follow my Instagram and Tumblr will have seen that recently I have been lavishly indulging my love of cafes. I have just spent a month in Adelaide, Australia’s food and wine center. Best known for its churches and festivals, Adelaide is a small but exciting part of the country. Currently it features a population of just under one million and several different sandy beaches. It is the perfect relaxation destination for anyone who is tired of the city’s hustle and bustle.

I went to two different cafes both were very unique choices.  Although the intention was not to rank these cafes. The difference between these two places was fascinating and I thought you might be interested to read the difference as well. 

As we were in Adelaide, the capital of festivals and Art it seemed fitting to find cafes that followed these themes. I connected quickly to a blog that listed eight of the best cafes in Adelaide and I picked one of those from the list. The other choice was recommended to us by a family friend who had been there previously.

The first café was called SAD café – although the name is intended to connect to their partnering hair salon DAS, this café seems to match its title. When we first walked down the street to find the café we saw what looked like another customer resting on a bench taking photos of herself – which is a very good sign if you’re looking for a hipster café.

We all know that the selfie culture is perpetuated by these alternative and non-conforming photo takers. Therefore, we were thrilled to see this taking it as a good omen.

The café is quite small and features a monochrome appearance with light brown uncovered tables. I’m sorry to say I accidentally deleted the photo that I took of inside the café – but it is fairly standard. Although the layout was unusual in that the hairdressing salon connected directly to the café. At first, we thought this was an extra seating area- but once we saw those hair cutting chairs we realized that wasn’t quite right!

After shuffling around the inside of the café for a bit we determined that we’d rather wait outside and enjoy the sun that filters through onto the outdoor seats. It was a nice warm day – perfect weather for outside sitting. The tables hadn’t been cleared off yet and so we made ourselves useful and began moving the dishes – now I only mention this because as we did so the girl who we thought was a customer sitting on the bench jumped up and took the dishes to the kitchen.

Realizing that the girl was not a customer but in fact a silent and disinterested waitress we began to understand why the owners had felt that ‘sad café’ was an apt name for this little joint.

The menu is short but well laid out and provides some fairly tantalizing options for lunch and coffee. I chose the simple gluten free granola while my coffee partner inquired about gluten free bread. – Be aware they do not have gluten free bread (but they have gluten free granola?)

Lunch was very charmingly laid out with fresh fruit and greek yoghurt accompanying the granola and my friend’s lunch was also fresh. I am no food critic so I’ll leave that to the experts – but as for the coffee, it was clearly an organic blend. The type of bean was bitter and but not burned. It was made reasonably quickly and settled in a plain black cup.

The appearance of the food and type of plates used weren’t anything exciting. Certainly for a hipster café connected to a hair salon I had hoped for something a little upbeat – but perhaps the silent uniform requirement of all shaved heads should’ve told me that I don’t quite understand the image that this café presents.

The next café that we went to was out of the city in a smaller townside area of Adelaide called Lost in the Forest. Adelaide towns are well known for their boutique coffee and cake places – so I was keen to see why this café stood out to so many.

It is set in an old church on the side of the hill. There are only six parking spaces reachable off a little side road. The café itself, however, is very popular and requires you to book online in order to be seated for one of their meal rounds. The tricky thing about booking yourself in is that it is only open a few days per week and not for consistent meal times. You can find out about Lost in the Forest’s opening times and booking system [here].

Much like the previous café that we visited the staff are not dressed in the traditional black so they blend in with the patrons of the café as well (Be wary when asking someone which way to the bathroom – they may not be staff!) However, they are very friendly and we were greeted immediately upon entering the door.

The church is still clearly a church although it has been renovated with plain white walls, a recycled timber and glass bar and a pizza oven.

Pizza is the main feature of this café so forget about this café if that’s not what you’re looking for. Instead of coffee and cake we chose to select two of their gluten free gourmet pizzas to sample. While we were waiting it was impossible not to admire the art work that was sketched from the wall to the ceiling. It certainly matched that artistic/rustic feel that I had been hoping to find somewhere around Adelaide.

Overall the two cafes both provided decent food and match that artistic vibe that you want to find when you eat somewhere like Adelaide. The problem was that the level of service at the SAD café was actually ‘sad.’ You’ll have to forgive the puns – but when a name describes the object so perfectly one can’t help but use it. Customer service is the epitome of a café, especially in a city like Adelaide where cafes and wineries face strong competition.

I look forward to hearing your favorite café spots around the world and what makes them special! Leave a comment below to tell me what you think. 

A bow for the judge

Despite my best efforts, this new year has brought about the discussion of updating my blog. I am sure that you were all incredibly bored during the holiday break – and missed my blogs dearly! However, this year signals a great change for The Underage Lawyer, both the social media and the writer.

It is our third year of blogging together, and I am very excited to introduce a new blog series. This series is going to signal a change in The Underage Lawyer, as I move from purely reading textbooks to delving into the reality of the legal world.

As I commence my second year of law, I think it is evident to most that I have graduated from the precocious wannabe lawyer. I am now something akin to a semi-lost law clerk. I say semi lost because as you will discover in this upcoming series, life as a law clerk isn’t as simple as the textbooks suggest. There is awkwardness and a distinct lack of sophistication as I negotiate the path from the textbook to the court.

Although I cannot publish names, dates or juicy case details, I can promise you to accurately details the mishaps of my daily events at court. Already in the last six months, I have made enough mistakes to make a soap opera.

Ready for the day!

Firstly, an introduction to the two most important places in a clerk’s adventure.

One; the office where my senior/boss/supervisor works. The office is important as a lot of the time I'm situated there. The room consists mostly of books and unsorted files. A desk, trinkets, and three chairs accompany this messy array of records.

Two: The courtroom. Far less time is spent here than the movies suggest, but there’s a lot of time to marvel at the excitement of it never the less. In the courtroom beware, many odd rules and rooms might land you in strife.

The first day I spent on my clerkship I was attending a case in court. As a clerk, I don’t have to stand up or say anything. I get to follow behind the barrister and hold any important notes as well as take notes for myself. It’s a lot like being a secretary because the more you can keep track of the files and where they are the better you’ll do.

If you’re ever going to be a clerk I’d recommend working on your memory retention –  the ability to remember cases is a godsend! Try to remember both cases you’ve worked in and the cases you have used as precedents. In fields like family and criminal law you’ll use the same precedents again and again, so the faster you remember them the better you will be able to follow legal arguments in court.

But back to the case, this wasn’t a jury trial – it was a sentencing proceeding. This is a far more casual affair in which the judge lays down what he will punish the convicted with, and any mitigating factors are considered (although sometimes it happens before this date).

Hanging out in the witness room
before a case!

Of course, most court behaviors must accompany this proceeding but who knew there were so many! While law books write about deference to the judge and court to show respect to the justice that is present it’s a lot different to act it out in court. The act of respect usually takes form in a bow towards the judge and this bow feels pretty awkward.

In school, I thought I knew what it felt like to bow to a judge. You bend slightly, straighten and then take your seat.

If only it were that simple!

 In a courtroom, you feel especially concerned about not making a fool of yourself. So as the excited but terrified junior I have I had no idea what to do when the judge entered the room. I knew to bow of course – but how deep, how long and in what direction?

Most people would assume that you can just copy the barristers and solicitors that surround you – but beware - they are seldom useful when you’re not sure what to do. The different members of the court room all appear to have different ideas about what they’re doing Not that they’re all vastly different, but they’ll all have varying degrees of duration, depth, and direction – so don't look to them for help!

Peppermint chocolate...I burned a lot
of calories with all that bowing!!

Older barristers and solicitors make their bow confident, ending their bow with a sophisticated nod to the judge. Most of them will have worked with the same judge several times before, and their professional relationship shows by the ease of the gesture. However, younger solicitors and barristers perform a quick head bob, much like a bird pecking for worms. They appear almost unsure if they’re meant to be bowing at all. So, when you’re trying to figure out what to do, stick with short and straightforward. At least that way you can’t be caught still bowing while the others are sitting down! 

Who knew something so simple could be so awkward?

As a first day on the job, it was a surprisingly simple thing that tripped me up. There is no need to fret if you’re just beginning your legal career in high school or at uni. We’re all going to make mistakes, and something as simple as a bow can’t end your chances forever. Remember when you’re feeling awkward you’re probably not alone – so just do your best!

Bring some positivity into your studies!

Bring some positivity into your studies! 

Lately I’ve been thinking about that off putting feeling when you don’t want to study, calm or relax enough to enjoy a leisure activity and you’re feeling far too tired to exercise. It happens and when it does it can set you back in days of hard study and dedication.

It’s unavoidable sometimes. Some strands of psychology suggest that allowing these meltdown moments to happen actually vital for avoiding burnout. It may be a sign that you’ve pushed yourself past the breaking point, and now it is not the time to thrash out that essay which is due in two months.

Being a studyblr (Study blogger for those of you who aren’t on my [Instagram] [tumblr] or [twitter] accounts) it can be hard to give yourself downtime. I love seeing all of you progress, but I’m sure most of you feel the same pressure. When you see that everyone else is studying, you feel like you should be. But this isn’t always true.

Peer pressure is a key factor for why studyblrs are so successful. We work together as a friendly community that encourages an enthusiasm and drive for learning and dedication. I’ve never seen a bad word said about another studyblr, and I’m certainly not knocking the community. However, addressing the obvious needs of tired workers and students is important. Please don’t take this post as degrading or down playing the value of the community in any way.

When you’re faced with these ‘icky’ or ‘blank’ feeling moments, it’s important to immediately recognize the situation. When you’ve had continuing feelings of demotivation, unhappiness or a serious lack of motivation, it indicates an emotional imbalance.

As a legal and international relations student, sometimes the things I study are confronting. This may include severe assault, rape, potential terrorism or legal defenses for torture. At first, they may appear, uncomfortable but not disturbing topics. In combination with each other, they may influence your emotions. This does not mean that you are a weaker person than other students, but it is important that you bring some positivity back into your studies.

Bringing positivity to your studies can take three forms:

The first is the most obvious:

The most common method for bringing positivity back into your studies or work is to use brighter materials. Some bloggers recommended a scented candle or pen as these are small, unintrusive items that can brighten your day.

Simple things like cups of tea can also be advantageous. It’s a well-known fact that a cup of tea can soothe emotional turmoil. Interestingly enough it’s because the warmth of the mug simulates being hugged. That releases a hormonal reaction that encourages a feeling of comfort. Of course, this warmth can be emulated by any other type of hot drink. I wouldn’t recommend falling into using coffee as this stimulus does also increase the level of adrenaline hormones which can encourage anxiety.

Decorating work spaces, using colored notebooks or stickers are also simple material ways to bring positivity back into your environment. You should find that if you pick up on the emotional issue quick enough that you can move forward with your studies much faster than you would if you ignored it. With that in mind, mental health is just like physical health. Sometimes it will recover quickly and other times you may need to rest for a bit first. Don’t expect yourself to jump straight back into work; you may need a few days break.

To encourage yourself to relax truly, try taking down any to-do lists, sticky note reminders, and similar items. You should put them back up as soon as you feel ready. However, these items may keep you in a continuing fight or flight feeling. It is very easy to be overcome with the amount of work you have to do and catastrophize about when it has to be done.

I am famous for messing up due dates and convincing myself it’s due earlier than it is. Once I submitted a law assignment a full week early because I’d written it into my diary earlier, in the fear that I would submit it late. The down side is that I got less time to ask questions, was more stressed and probably stayed up later working on it than I should have.

The second form of bringing positivity is to bring mental positivity.

The most common forms of mental positivity are seen in quotes and meditation. 

Quotes work to remind you of your goals and that while what you’re doing in the short-term is negative; there’s an overall positive outlook. This is critical for assessing your current mental state. If it ever appears that you’re unable to move beyond the negativity that you’re currently facing, you may consider seeking professional help.

Mediation can assist in controlling anxious thoughts and grounding yourself in the reality of now. Other forms of meditation can also be witnessed in mindfulness which is a daily habit that can be used for long term anxiety control. Mindfulness is also great for instilling a more positive outlook on life and is believed to improve mental concentration.

The third lesser used form of positivity is critical academic focus:

A lot of university subjects are highly biased. This is not necessarily negative, but it can mean you have a skewed view on an issue. If you find yourself researching a topic that appears to be nothing but frightening, it may be a good idea to initiate some independent research Undoubtedly with a little digging you will find an opposing opinion. While that opinion will not invalidate all the other academic research, it can help to remind you that what you’re being taught is not always 100% true.

For example, while poverty is a real issue that is spread around the globe, there are a lot of papers suggesting that there are real policy changes that would completely alter the modern existence of poverty. Focusing on these possible changes and promoting them will provide you with an alternative positive outlook that could also remotivate you for studying and hard work.

Good luck remotivating yourself and I hope that even if you’re not feeling down, you start to bring in a little extra positivity to your work and studies today!

The Underage Lawyer Celebration - printable release!

As promised I am celebrating my second year anniversary with the studyblr community by releasing my first set of printables. Theseprintables are available here  or in the link below. I will be posting them onto Tumblr as well sometime this week.

Assignment(s) Progress Tracker.

The printable is essentially a progress tracker. Just fill in your question, due date and description to begin. It should be used at the beginning of the semester. You should use this sheet to track all the projects, tasks, jobs, and exams that you have due.

I’ve included a progress management tool on the right side. To use this tool break your project up into twelve components or less. Then every time you finish a component color in a square.

By using this tracker, you can be sure you’ll never forget an assignment or fall behind again!

Essay and written assignment planner

This planner is ideal for written pieces of work. It takes you through the critical steps of setting up and argument. By breaking down the argument and research onto this thought diagram, you can make sure you won’t miss those essential steps that are preventing you from achieving high grades.

We begin by writing a synopsis. This fundamental step will guarantee that you fully understand what you are meant to do. Secondly, the printable asks you to examine your course outline and rubric. 

These steps will make sure that you’re not writing something that your teacher doesn’t want to read.

A targeted piece of writing that fits what the examiner wants to see will always fair better than a random piece of writing that doesn’t quite suit the course’s intention.

From there we move onto examining the question – but don’t get too keen too fast! Break your chosen statement down into ‘operative terms.’ Operative words are the key features of the statement. These keys words are what the entire argument will hinge on.

Example:

To what extent did English law affect Australian Law during the 1850s?

In this example the operative words would be;

[Extent] -Shows you need to show a ‘degree’ of application, e.g., mostly, likely, partially, not at all or completely.

[English Law] – Shows a critical condition for your answer.

[Australian Law] – Shows an essential condition for your answer.

[the 1850s] – Shows a key restriction and consideration for your answer.   

The next questions look at what research and what theory you will need to apply. 

You may choose to do these together depending on the subject that you’re studying.

For subjects like law or English theories may be irrelevant but you may like to supplement principles for authors, directors, artists, etc.

The general idea of these sections is to identify what is most critical to your section. Knowing what, who and why of the most important ideas in your field will help to narrow your research.

After this follows the section on your points.

Feel free to download the printables and include more or less points in your piece. This section is designed to be flexible and fit your needs. To get the most out of it, I’d recommend writing a topic sentence out in full. Then follow the topic sentence with dot points that flesh out your argument.

In between each box write a ‘linking’ statement that reveals how you plan to build your argument with the next paragraph. This will strengthen your writing and help the reader to follow any argument.

A study-day planner

Following that printable, I have designed a printable that is useful for using when preparing for a day out studying. A lot of the time when preparing to travel somewhere to study you may be anxious to make sure that it is a productive day.

This printable includes:

    A checklist for things to bring

    A checklist of things to check before you choose your study destination

    A session planner questionnaire

I included the questionnaire because to have a productive day you must have clear goals. Simply telling yourself to ‘finish everything’ is not structured enough. It is far better to spend twenty minutes considering which tasks you will do first and how long they will take you than ad hoc drawing things from a pile of work.

When estimating how long something will take you to complete; a rule of thumb is to estimate how long it will take you to finish and then double it. That will usually be enough time to help you complete the work. It also gives you wiggle room in your schedule to take breaks and deal with any mishaps along the way.

There are many ways to order your tasks; some suggest putting the hardest first, and others suggest setting smaller tasks to build the sense of achievement.

Personally, I promote using easier types of tasks first then focusing on harder ones. You should never use checking emails as a starting task, but some small task like:

-    Edit paragraph [a]

-    Download next lecture

-    Complete reading set [1]

They are all simple tasks that will help you get into the productive swing. Setting long tasks such as ‘research issue [x]’ can take you off track. When beginning any study session make sure that you are focused and clear on your end goal.

If you are planning to study for a long time, you may want to pencil in ‘checkpoints.’ These are preplanned breaks where you will review where you are on your to-do list. These can be useful as they can allow you to access whether you’ve set yourself too much or too little. It is also crucial to give yourself multiple breaks when studying for a long period.

Lectures and tutorials...

The final two printables are a double set. The first is a plan for making tutorial notes. By using this planner, you will structure the information received in a tutorial in such a way that you can isolate different parts of relevant information.

I have also designed it so that it is simple to use and won’t be distracting you from actually participating and listening in the tutorial. I usually run off ten of these sheets at a time and keep them in a folder. This makes it easier when it comes to exam time too because I don’t have to flick through my entire notebook to find just one week.

The second plan is for your lectures. This is an overall structure of a page that your notes could look like. It is my spin on the popular ‘cornel method.’ If you have enjoyed that style of notes, I’d recommend trying my printable. I’ve added in an extra section for a keyword tagline and questions. These are important because when you return for later revision or as a reminder to yourself about the lecture you have key words to fall back on.

Having the question section takes away the anxiety of having to ask a question at the end of a lecture. Instead, you can write it down when you think of it and email your lecturer or tutor after class. No more end of class stress!

I hope all of these help your studies, and if they help you, please let me know or tag me under #theunderagelawyer!

Link to download

HIGH COURT UNDER THE MICROSCOPE; R V BUCCA 2015 "The danger of identity assumptions"

HIGH COURT UNDER THE MICROSCOPE; R V BUCCA 2015 – AWAITING DECISION. 

The danger of identity assumptions 

The case today is a case awaiting a decision. So I thought it would be interesting examine the submissions of the appellant. Submissions are papers written by defending council that outline the issues at hand. They are interesting to read – particularly for young law students because they show the application of law to legal matters. 

 Today’s case is about the use of evidence and its implications in a court of justice. When we see evidence, we like to assume it favors one side more than the other. However, in this case, you will see the impact of circumstantial evidence. Circumstantial evidence is a two-edged sword. From one angle it will support an argument and from another, it can defeat it. Phones are strong circumstantial evidence. The courts will often refuse to take the view that the accused did not have their phone on them. They can be used to track locations, motive, messages and previous history.   

CASE FACTS 

In the supreme court of South Australia Wesley Gange was convicted of shooting an Adrian McDonald. McDonald was killed in Parafield, South Australia. The prosecution argued that Gange shot McDonald. They claimed he had hidden in the boot of a car not far from where McDonald stood. McDonald and Gange were once in a relationship.

 The relationship had broken down and caused issues between them. Both of them were involved in drugs, firearms, and violent behavior. Gange had previously sold drugs to McDonald. 

His assistant Tristan Castle was sitting in the driver’s seat. Telecommunication records were used to show the movements of Gange and Castle’s phones. Before this event, Gange had sent texts to McDonald which were derogatory and contained threats.

 There was the use of an alibi for Gange. Gange’s girlfriend ‘M’ remembered seeing him at home on that day. However, disputes arose about the veracity of the evidence. She suffered from psychosis, false beliefs, auditory hallucinations, detachment from reality, paranoia and impaired reasoning. It was appealed to the Court of Criminal Appeal. The appeal was on the basis that the judge had failed to direct the jury properly about the evidence of Gange’s involvement. 

The evidence was highly circumstantial. There is was brought to light that Gange and M used multiple phones interchangeably. It is hard to discern who made what texts and who had which phone. It became more impractical when both Gange and M admitted that because of drug use they often didn’t remember where they were or what they’d done. When the judge failed to show the holes properly in the evidence, the jury gave the circumstantial evidence too much weight. The judge should have given it little weight. The failure to do so made the conviction unjust and inevitable. 

 SUMMARY 

The court believed beyond reasonable doubt that the appellant shot the deceased. They based this belief on telephone records, motive evidence, proof of planning and a confrontation via text. The text messages recorded on the phone of the accomplice, Castle. There were documents placing Gange in a different location at the time of the shooting. 

There were also tracked movements through his phone that placed him at the crime scene. Expert evidence pointed out that phones were not a confirmation of identity. It could never be completely confirmed who was on the other end of the phone. However, the courts overlooked this and claimed the evidence was an important¬part of proof. They were allowed to be equally considered by the jury. 

 APPEAL TO HIGH COURT 

The case went to the high court for two reasons

 - Court of criminal appeal erred in holding that the learned trial judge correctly admitted evidence of the appellant’s past possession of firearms 

- The court of criminal appeal erred by not finding that the learned trial judge misdirected the jury about the weight given to each piece of evidence. 

You have to have specific legal reasons for going to the High Court. You can’t just decide that you don’t want to accept the verdict. The Court of Appeal has the right to refuse you ‘leave’ to go to the High Court. 

WHY NOT BELIEVE THE EVIDENCE? 

The evidence appears to be valid. 

However, if you examine the circumstances under which the evidence appears you will realize that it is highly circumstantial. 

 Firstly, the location of Gange’s phone was unimportant. He had left it behind in Castle’s car. They had not met up for a few days. That makes the connection between his placement and the murder further removed. 

Additionally, it was possible that his girlfriend was using the phone. M had purchased and paid for the phone. Their friends recorded that couple was close and mixed communication devices often. They shared friendship groups. 

If M had been using the phone, anything she said could not be taken into account against Gange. Her medical issues, including paranoia, hallucinations, and delusions suggest that anything she said may not be true. 

 Evidence also confirmed that while Gange used this phone, he also had an additional prepaid phone. M sometimes used this prepaid phone. Connecting a particular party to a phone is impossible. The two did not identify themselves before texting. A phone number is only associated with the phone and not its user at the time. Therefore, the courts had to assume an identity for the phone. That identity could never be guaranteed. 

It was shown that others might have been in possession of the tracked phone. Gange could not identify the exact date that he had it return to him. Some evidence suggested that it had been in possession of others during the day of the murder. 

The value of the tracked movements lessened when applied to the social habits of the accused. The shooting occurred during social hours. But because of the use of drugs neither Gange or Castle kept reasonable hours. Thus tracking whose movement was where and which may have been faked was a concern. While Gange admitted that he sometimes didn’t sleep for weeks, the courts had to apply some weight to the fact that the tracked movements reflected a pattern of someone with relatively normal waking hours.

 ISSUES

 There are many more issues connected to this case. In fact, the submissions of the appellant are 22 pages long. However, I wanted to focus on the use of circumstantial evidence in criminal law. 

When used the evidence appears to make a conflicting statement about the right to fair trial. We are all familiar with this right. Therefore, committing someone on a circumstantial case alone appears unfair. 

The Bucca Case has not yet come to trial, but it will be interesting to see the High Court’s remarks upon the extreme reliance on the assumption of identity. 

 New technologies have increased the ability for police to track charged individuals. However, it also leads to confusion and greater misunderstanding. Phone numbers are not identity codes, yet it appears the court has begun to treat them as such. It would be interesting to remove the evidence of Gange’s phone and re-run the trial. My prediction would be that without the critical assumption that a phone indicates the identity of a person, no case could be completed.

 I look forward to hearing your thoughts on this issue. Also for those who don't listen to the podcast. This week I am celebrating two years of running my studyblr and theunderagelawyer.blogspot.com. In celebration I will be releasing a 'printables' package which will be available online in the next episode.

Kodak Black and plea bargaining - is this process really okay?

Dieuson Octave, also known as Kodak Black in his career as a rapper, left the courts happy. Today he was let off a 55-year maximum sentence through a process known as plea bargaining.

A plea deal was made. The deal allowed Koda to agree to do five years of probation and a year of house arrest brought the result.  He had fans calling for his release, showing their support by wearing ‘Free Kodak’ shirts. The overwhelming support of fans was likely an influencing factor for the prosecution’s eagerness to get him out of the courthouse.

The young rapper has gathered followers through the popular video platform Youtube. Well-known rapper ‘Drake’ has even featured his song ‘Skrt’ on his YouTube channel.  However, Kodak's career is plagued with a series of legal issues including assault and drug offenses. While the rapper stereotype matches the conflict with the legal system, the impact on his career would be significant. Some sources suggest this was part of the reason why Kodak was let off.

Lawyers Allan Stephen Zamren and Gary Kollin were both very pleased with the result. Their client will appear on the international music circuit shortly.

So what exactly is a plea bargain?

The term plea bargaining comes from the United States. In Australia, the practice is used as well. It is mostly commonly involved in criminal or civil penalty charges. Usually, the defense will bargain with promises of good behavior and house arrest in exchange for the prosecution recommending a non-custodial sentence.

A plea deal is where your legal team makes an agreement with the prosecutor to accept a lesser charge. That will most likely mean that you will have to enter a plea of guilty. You will plead guilty to a lesser charge.

In Barbaro v The Queen the issue was examined carefully. There the facts are unique. Accused Pasquale Barbaro and Saverio Zirilli were charged for involvement with drugs. The defense and prosecution had negotiated away from court benches. They’d reached an agreement on a sentencing deal.

The judge refused to accept the prosecution’s request for a non-custodial sentence. The judge then lay down his own sentence, upsetting the usual practice.

The case was taken on appeal to the high court. There the prosecution was on a matter of law. The high court had to consider where a plea bargain can be used to prevent the judge from exercising his discretion. It in that the judge as the superior legal mind is capable and should is not his discretion over the case. Usually, this isn’t an issue, but when the defense has bargained away a rightly deserved custodial sentence – can the judge do anything?

It was not a material error for the judge to refuse to accept the prosecution’s submission. The judge was allowed not to take into account any sentencing ranges from the prosecution or defense. The 2014 case was significant as it overruled the previous right for the prosecution to set the bounds of the sentencing range; R v MacNeil-Brown.

Kodak Black is not an isolated case of individuals freed from crimes by plea deals. In fact, he is probably one of the few cases where plea bargaining is just a simpler litigation process. Some litigants who benefit from plea bargaining faced serious crimes
.
Then plea bargaining becomes a threat to the safety of the community as a whole.

Carl Williams was a famous underworld figure. He of with three counts of murder and one count of conspiracy to commit murder. These serious crimes are usually reserved for the most heinous of cases. We’d all like to think they’re treated with the respect they deserve. However, plea bargaining minimizes the severity of the crime. In some cases, it can feel like there was no retribution at all.
Williams’ sentence was thrown away when the Victorian Office of Public Prosecutions struck a deal with Williams’ defense team. Barbaro v The Queen was a 2014 and Williams was trialled in 2007. Then the judge felt he had to follow R v MacNeil-Brown. That meant he accepted the prosecution's submissions and Carl Williams walked away.

So what’s the issue?

Some may find themselves supporting plea bargaining. On face value, it’s a great way of minimizing expensive court costs and negotiating your way out of a devastating custodial sentence. However, the private negotiation process can either force a guilty plea on an innocent accused or realign the sentence to something less serious than what it is.

Plea bargaining is somewhat of a double edged sword. It can save or ruin lives and the foundations of society at the same time.

It is also one of the most secretive processes of the criminal law system.
It is secretive because the negotiation takes place without any official recordings. There is no legislation that can referee this bargaining process and there’s no objective review tribunal. It harbors a little bit too close to the saying ‘you get the justice you pay for.’
If you can afford to hire a good negotiator, you could avoid a drug trafficking charge with a mere use of drugs fine and rehabilitation condition.

To pinpoint what you should be concerned about – realize that this plea bargaining process is entirely anti-democratic an d undermines the foundations of the Australian constitution. There is no jury watching the process. There is no law to ensure justice. Instead, there is just two rogue lawyers and an accused in a room.

It sounds a lot like the plot line of suits, and you would be right to think so.
Some people suggest that this entire process undermines the right against self-incrimination and the right to a retrial. After all, if you accept the wrong plea bargain, there're no files there for you to appeal against.

It’s a lot like an illusory promise. For those who are not familiar with the term, this refers to a contractual promise that has no legal force behind it. It lacks payment or consideration forcing the courts to ignore it.

A plea bargain carries no weight in an appeal court. That being said American courts have treated plea bargains like contracts. That, however, does require some documentation of the bargaining process. Many Australian lawyers prefer to plea bargain through a series of subtle changes and applications to the court. This slower, costlier process has no action in contracts and can take much longer.
Overall, plea bargaining is a well-established process of the courts. However, it can legally pervert the course of justice. Judges are seldom as brave as seen in Barbaro v The Queen. Requiring that plea bargaining becomes an above the table, recorded litigation process can help to ensure justice on both sides of the bench.

How to speed read like an expert

Hello everyone and welcome to another blog post on the underage lawyer.

 One of the topics that have been coming up frequently in my conversations with others is speed reading. It’s a skill that you probably only think about when you have three days to complete an essay, and you haven’t started researching yet. However, speed reading is an important skill that can assist you in everyday life. It shouldn’t be disregarded as useless skills. 

Those who want to pursue a career in law need to know that they will spend every day of their life reading. 


Client’s files can be anything from one to forty volumes long – and it’s your job to read and study them all. Reading is also the best way to expand your vocabulary and improve your thinking capabilities.

 Think of reading as upgrading technology. The more you do it, the better it gets. The less you do it, you eventually fall behind. Here are a few ways to improve your reading speed:

 1. Read a lot

 This is a basic essential. The more you read the faster you get. The less the read the slower you will become. Some scientific studies suggest that reading things on the screen of a computer is actually different to reading on paper. I’m not entirely convinced, but just to be certain you’re actually reaping the benefits of reading make sure you read both on and off screen. To improve your reading, think of it a little like sprinting. You have to run as fast as you can regardless of whether you can maintain the speed or not. When you are first beginning training yourself to speed read, don’t worry so much about comprehension. As your retrain your eyes to move along the page at a faster rate, you’ll begin to take more in.

 2. Pick the operative words 

One fatal mistake when it comes to non-recreational reading is that we read all of it. It’s very rare that all of the text will be relevant to you. To improve your reading pace identify what it is you’re looking for. Then pick three or four words that will describe that thing. From there you can run your eyes over the text. Every time you see a relevant word stop and read a few sentences surrounding the word. If it applies, congratulations. If it doesn’t apply, then keep skimming through. This way you’ll be able to ascertain just how relevant the material is. If you don’t see any words that seem relevant then either rethink your operative words or move on to the next paper. 

3. Read the first and last line 

There’s a lot to be said for introductions and conclusions. Remember learning about topic sentences in high school? Well, this is why you use them. Academic literature uses these to highlight what they’re going to say. When you’re in a rush, don’t bother with the rest of the paragraph. Just focus on the first lines of every article. By the time you reach the end, you’ll have a general idea of what’s being said. Additionally, if you read the last line of every paragraph, you’ll have a concluding statement and a linking statement. The linking statement usually explains how the next section will connect to the first. This is important because it will show you the pace that the essay evolves at and any assumptions that you need to be aware of. 

 4. Don’t sound the words aloud in your head 

When reading a lot of readers like to ‘speak’ the words in their head. This is a waste of time. Your brain is capable of comprehending the phrase without sounding it out. The more you read, the more you will be able to do this. But to begin with, help yourself to lose the habit by reciting random words in your head as you read. I began doing this by saying ‘aeiou’ over and over again while I was reading. To do this at first, it is best, to start with relatively simple reads. Try reading opinion articles or Buzzfeed pieces. They’re much easier to comprehend than academic literature and will build your confidence. You may be surprised at how much you can understand without having to focus too much on sounding out the words. 

 5. Dot point as you go 

A critical issue with speed reading is that people are concerned they can’t read quickly and understand the text. A simple way to of getting around this is to write one word describing the paragraph. Skim read the article as fast as you can and then summarize it immediately. The use of summaries in one or two words helps to lessen the fear of not understanding. The human brain is far less reliant on the sound of the words than people think. When reading the shape of the letters is just as important.

 6. When you don’t understand keep reading 

This may sound a little counter-intuitive. However, the biggest trap for slow readers is that they are hesitant to move on before they understand something. That will slow you down. Some points are poorly explained, and it will take multiple readings to understand. You need to know that if a point is badly explained it’s likely not essential to the argument and is irrelevant to your reading. It may also be that you’ll come to understand it when you read something later in the document. Your best bet when trying to rush your way through a massive pile of information is just to keep reading. Stopping and rereading things will break the rhythm of the reading. That may also cause you to read slower.