Decision in Kartinyeri v Commonwealth (1998)
In 1998, the High Court handed down its decision in Kartinyeri v Commonwealth (1998) 195 CLR 337. Locate the case and read the decision. Select ONE of the four judgments in the case. Critically analyse how the judge/s arrived at their decision.
In your answer, you must include critical discussion of each of the following:
- the application of legal authority (legislation and/or cases) to the facts in this case
- the application of relevant legal principles
- the significance of the judgment you have selected, in relation to the impact of the reception of English law on First Peoples, which we have studied this semester.
- comparison of the selected judgment to that of other judgments in Kartinyeri v Commonwealth, making reference to relevant legal theories studied throughout the semester.
What judgment have you selected to focus on for your final assignment for Legal Analysis and Critique? Why did you choose this judgment? Do you agree with the decision of the judge whose analysis you are critiquing? How might your understanding of some of the legal theories could help you to analyse the decision?
