LAW113 Library session – Assessment 2 12 April 2018 Annette Goodwin

After this session, you should have… Understand the legal research process & IRAC An understanding of how to determine the relevant legislation and provisions from key legal issues using secondary resources An understanding of how to locate extrinsic materials and law reform surrounding legislation

The resources we’ll cover today Case Citators Dictionaries Encyclopaedias Journal Articles Commentary Legislation Provisions Amendments Bills 2nd reading speeches Committee Reports DPP speeches

Library Resources Available to you Law Library Resource Guide http://libguides.csu.edu.au/law Legal Research Skills Guide http://libguides.csu.edu.au/legal_research Videos https://youtu.be/ZWQa17s5Vmo?list=PLx1cPoNOmFe3O8MDK-2cxpYcWFdwViqcJ

Legal Research Strategy Work from secondary resources to determine the primary resources you need to refer to IRAC We’ll be using these 2 today I- Issues R – Rules A – Application of the rules C - Conclusion

Your question if you choose to accept it… Students are to prepare legal advice based on R v Turnbull (No. 26) [2016] NSWSC 847 90. You are to imagine that Mr Turnbull has come into your office prior to his trial. He tells you that he has been charged with murder. He asks you to advise him of the law in relation to his charge. You should prepare a letter of advice to Mr Turnbull. Your letter should address the following issues: 1. The Court draws a distinction between murder and manslaughter. Explain this distinction in your own words to your (fictional) client. Also explain the elements required to satisfy murder and manslaughter under the Crimes Act 1900 (NSW). 2. Mr Turnbull insists to you that he was provoked by the behaviour of the deceased, Mr Turner and says to you, "You can't tell a man what he can do on his own farm. I can do what I like." Explain to Mr Turnbull whether the defence of provocation is available to him. 3. Mr Turnbull says to you, "Well, I want to make sure we've covered all bases. Tell me what other defences I might have.” Explain what other defences exist, and whether any of those defences might be available to him. 4. Look at the NSW ODPP prosecution policy available at http://www.odpp.nsw.gov.au/prosecution-guidelines. Explain in your own words how you think that policy would impact on the decision to prosecute the case.

Your question if you choose to accept it… Students are to prepare legal advice based on R v Turnbull (No. 26) [2016] NSWSC 847 90. You are to imagine that Mr Turnbull has come into your office prior to his trial. He tells you that he has been charged with murder. He asks you to advise him of the law in relation to his charge. You should prepare a letter of advice to Mr Turnbull. Your letter should address the following issues: 1. The Court draws a distinction between murder and manslaughter. Explain this distinction in your own words to your (fictional) client. Also explain the elements required to satisfy murder and manslaughter under the Crimes Act 1900 (NSW). 2. Mr Turnbull insists to you that he was provoked by the behaviour of the deceased, Mr Turner and says to you, "You can't tell a man what he can do on his own farm. I can do what I like." Explain to Mr Turnbull whether the defence of provocation is available to him. 3. Mr Turnbull says to you, "Well, I want to make sure we've covered all bases. Tell me what other defences I might have.” Explain what other defences exist, and whether any of those defences might be available to him. 4. Look at the NSW ODPP prosecution policy available at http://www.odpp.nsw.gov.au/prosecution-guidelines. Explain in your own words how you think that policy would impact on the decision to prosecute the case.

The Facts of your case R v Turnbull (No. 26) [2016] NSWSC 847 (30 June 2016) [46-75] The Issues from the facts

Dictionaries Encyclopedias Journal Articles Commentaries Law Library Guide > Secondary Resources > Dictionaries & Encyclopedias Encyclopedias Law Library Guide > Secondary Resources > Dictionaries & Encyclopedias Journal Articles Law Library Guide > Secondary Resources > Journal Articles Commentaries Law Library Guide > Area of Law > Criminal law & Criminal Procedure > Commentaries

Legislation Extrinsic Material Law Library Guide > Legislation

How do I know when to stop? Generally, you have reached the end when you keep coming across the same material, and nothing both new and relevant is turning up. What if you have not found anything relevant? Before you give up! Discuss the problem with someone Have you characterized the issues properly? Have you used the right keywords? Is the approach you have taken is too narrow? look for cases dealing with broad general principles - formulate an argument from them think of comparable situations that might apply look for novel approaches by studying treatises, periodical literature, and the law of other jurisdictions Check our Law Library Resource Guide and Legal Research Guide for information about additional sources