Kim injures Kath on their own property - HSC - SSCE Legal Studies - Question 12 - 2004 - Paper 1
Question 12
Kim injures Kath on their own property. Kath reports the incident to the police. As a result, Kim is charged and the matter goes to court.
From the information in t... show full transcript
Worked Solution & Example Answer:Kim injures Kath on their own property - HSC - SSCE Legal Studies - Question 12 - 2004 - Paper 1
Step 1
Kim is acquitted because it is a private law matter.
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Answer
This statement is inaccurate. Although the matter involves private property, the injury reported is likely to invoke public law aspects if criminal charges are pursued.
Step 2
Kim is convicted of a public law matter on private property.
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Answer
This is plausible as the circumstances indicate that Kim's actions could be subject to criminal law, relating to public safety and order.
Step 3
Kath has the burden of proof in this public law matter.
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Answer
This assertion is incorrect. In public law matters, the burden of proof typically rests with the prosecution, not with the victim.
Step 4
Kath has the burden of proof in this property law matter.
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Answer
In a property law context, if the case were to hinge on a civil claim for damages, Kath would indeed carry the burden of proof to establish her claims.
