Crime Case Analysis Report
Crime Case Analysis Report- Case: R. v Fajka (2004)
Case Overview: On the 15th of January 2002 around 8pm two brothers, Sebastian (the defendant) and Attila (his brother), entered Bradbury Inn Tavern and started consuming alcohol. But around 9:45 the brothers were involves in a fight with customers and hotel staff. Attila, the defendant’s brother, was said to have major involvement in the fight. It was alleged that he, the defendant, struck a male patron before becoming involved in a scuffle with a number of men, ultimately being rescued by his brother. As the fight grew out of hand the two brothers retreated, however on the way Attila threatened a hotel employee and obtained a security tape that recorded his conduct. However the two brothers were arrested and the tape was located at a nearby garden. Sebastian, the defendant in this case was charged with affray and assault. Although the offences were done committed by both of the brothers, they were tried separately, this case involves the trail of Sebastian Fajka who, relative to his brother, did not do as much but was still charged with acts he did not commit due to important evidence being left out and ignored by the judge. Furthermore, throughout this case the judge shows signs of being bias towards the crown. The defendant appealed which was successful and caused the punishment to be greatly reduced.
Role of Courts: Three courts were involved in this case. The first court was the local court, the Campbelltown Court House, where the committal hearing took place and prima facie was established due to there being witness testimonies and video evidence both of which were admissible in District Court. In the District Court no jury was required as the defendant plead guilty after the committal hearing in the hope of reducing his punishment. The judge, after hearing the evidence put forward from both sides and then presented a verdict. The verdict was 2 years jail with a non-parole period of 18 months. The
Case Overview: On the 15th of January 2002 around 8pm two brothers, Sebastian (the defendant) and Attila (his brother), entered Bradbury Inn Tavern and started consuming alcohol. But around 9:45 the brothers were involves in a fight with customers and hotel staff. Attila, the defendant’s brother, was said to have major involvement in the fight. It was alleged that he, the defendant, struck a male patron before becoming involved in a scuffle with a number of men, ultimately being rescued by his brother. As the fight grew out of hand the two brothers retreated, however on the way Attila threatened a hotel employee and obtained a security tape that recorded his conduct. However the two brothers were arrested and the tape was located at a nearby garden. Sebastian, the defendant in this case was charged with affray and assault. Although the offences were done committed by both of the brothers, they were tried separately, this case involves the trail of Sebastian Fajka who, relative to his brother, did not do as much but was still charged with acts he did not commit due to important evidence being left out and ignored by the judge. Furthermore, throughout this case the judge shows signs of being bias towards the crown. The defendant appealed which was successful and caused the punishment to be greatly reduced.
Role of Courts: Three courts were involved in this case. The first court was the local court, the Campbelltown Court House, where the committal hearing took place and prima facie was established due to there being witness testimonies and video evidence both of which were admissible in District Court. In the District Court no jury was required as the defendant plead guilty after the committal hearing in the hope of reducing his punishment. The judge, after hearing the evidence put forward from both sides and then presented a verdict. The verdict was 2 years jail with a non-parole period of 18 months. The