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The Case of Licciardello v The Queen (Case Study Sample)


Writing the overview of the case. Explaining the case using IRAC method by identifying the issues in the case. This is followed by the rule ton which the case decisions was based on. Analysis of the case basing on the issues and the rules and the the the conclusion which entails the likely decisions that a court of law could decide.


The Case of Licciardello v The Queen 
On June 28th, 2008, Alfio Licciardello (appellant) was seen by the two police officers driving his motor vehicle on North Bourne Avenue in Canberra without observing the traffic signals. The two officers stopped him and requested him to provide his driving license. He informed them that he did not have a license since he was a disqualified driver and he had been released recently for driving offenses. The officers informed the appellant that he was a disqualified driver hence he would accompany them to the police station meaning that he was under arrest. The appellant walked around the vehicle and managed to run away. The police tried to locate him unsuccessfully. However, he was later arrested and arraigned in court.[ 2012. Alfio Licciardello v The Queen [2012]. Accessed 19th Feb 2022 Retrieved from]
The appellant was accused and convicted of the offense of escape from lawful custody after being arrested by the police. He was accused and sentenced to nine months imprisonment. He was also accused and placed on the good behavior bond. The ground for the appeal against the orders of the trial judge was that the verdict was unsafe and unsatisfactorily. The appellant argued that there was no sufficient evidence that he was neither lawfully arrested nor in lawful custody during his purported escape. Thus, he sought the orders of the court to declare him not guilty of the offense.
Several issues emerge from the case Licciardello v The Queen (2012) 6 ACTLR 233.[Licciardello v The Queen (2012) 6 ACTLR 233.]
These issues include;
* Was the appellant (Licciardello) bound by the conduct of his trial?
* Had the appellant lawfully been arrested?
* Had the appellant been arrested at the time of escape?
* Was the appellant in custody?
Several rules apply to this case; these rules help to answer the legal questions or the issues raised above.
First, Section 212 of the Crime Act 1900 gives the powers of arrest without a warrant by the police officers. It states that a police officer has the power of arresting a suspect for an offense if he has reasonable grounds. Section 160 of the Crime Act 1900 guides escaping. An individual who has been lawfully arrested is in lawful custody and escapes from the arrests and custody commits an offense. Section 178 Crime Act 1900 a custody may subsist without immediate physical control. Thus, the police may have a person in custody without having arrested him.[Section 212 of the Crime Act 1900] [ Crimes Act 1900 (ACT). Accessed 19th Feb 2022 Retrieved from] [Section 160 of the Crime Act 1900] [Section 178 Crime Act 1900]

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