The chosen media is the article “Boat crash driver 'was fishtailing', court told” from the newspaper The West Australian.
Mr Woolard was driving and crashed his father’s boat while he was intoxicated, seven other persons were on board which two of them got injured (Ms Campbell and Ms Kerr) and Ms Campbell prosecuted Mr Woolard. The criminal law refers to the prohibition and punishment by the state of conduct considered harmful to the general community (Lambiris 2012). In this case, Mr Woolard acted in a harmful way regarding the passengers of the boat. Mr Roberts, one of the passenger, as well as Ms Campbell and Ms Kerr said that Mr Woolard was drunk. Mr Woolard was also told twice by passengers of the boat to slow down. He has been punished for his state of conduct, he was given 18 month suspended jail term and 200 hours of community service (Campbell 2012).
This case also relates to the Tort law, Ms Campbell and Ms Kerr was badly injured due to the crash of the speedboat into a navigational pylon, Ms Campbell suffers from horrific throat, jaw, mouth and neck injuries while Ms Kerr suffers from a fractured vertebra among other injuries. The person accountable for the harm done to the two girls is Mr Woolard who was driving the boat.
• Allows people to organise and plan;
As Mr Woolard harmed and injured Ms Campbell, a financial compensation have been given to her, to cover her medical treatment. Thus she should organise and plan the time she will spend at the hospital, her meeting with the doctors and how she will spend the money.
• Encourages or discourages particular activities;
The law encourages people who have been unfairly harmed to testify in a court, it is a part of the tort law, which states, The rules of liability for harm done by one person to another or their property (Lambiris 2012, xv). In the case of the media report, Ms Kerr is encouraged to testify against Mr Woolard in a District Court civil trial launched by Ms Campbell, so that Mr Woolard pays for his state of conduct and for the harm done to the community.
On the other hand, the criminal law discourages and punishes behaviors considered harmful to the general community (Lambiris 2012, xv). Concerning the media report, Mr Woolard’s state of conduct is considered prohibited and should be punished by law. Boat-driving while being drunk is prohibited by the law, as well as, driving very fast or doing fishtailing.
• Creates rights and duties that can be enforced; and
Everyone on earth has rights and duties to respect, people could do whatever they want otherwise and it will be chaos, this is why the civil law refers to the creation and enforcement of private legal rights and duties between individuals (Lambiris 2012, xv). In the case the article, Mr Woolard, as a citizen, has the duty to respect the passengers of the boat, if not, we shall be punished by law. Ms Campbell, on the other hand, has the right to prosecute Mr Woolard if he fails his duties or if he put her life in danger.
• Provides remedies when right are interfered with or duties are not discharged.
According to the article from The West Australian, Mr Woolard was enforced to provide emotionally, financially and morally response to Ms Campbell. He did provide what he was required to Ms Campbell, but she felt that the family acknowledgment was inadequate. In addition to the financial and moral punishment, Mr Woolard was also given 18-month suspended jail term and 200 hours of community service.
1. In which court was the reported case decided?
The case was reported in King’s Bench High Court (COHEN v. SELLAR)
2. Will this decision be treated as either binding or persuasive by a Western Australian State Supreme Court and why?
This decision will be treated persuasive by a Western Australia State Supreme court because the decision will be from a different hierarchy. The hierarchy is different