Hart v Rankin Essay

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Q1) - The parties are Hart and Rankin. Hart is the Aboriginal driver whilst Rankin is the prosecution. On Appeal, Hart is the appellant and Rankin, the respondent.
- The case was reported in 1979.
- WAR means Western Australian Reports. The information was found in the Legal Dictionary.
- 144 is the page number of where the case commences.

Q2) - The case was heard in the Court of Petty Sessions at Williams at first instance.
- On appeal, the case was heard in the Supreme Court of Western Australia.

Q3) Criminal

Q4) 15 September 1977

Q5) 30 September 1977

Q6) Chief Justice Burt, the most senior judge in the Supreme Court of Western Australia.

Q7) From “criminal law and procedure” to “imprisonment excessive”.

Q8) From “The appellant was charged” to “brought in that way”.

Q9) The barrister for the appellant was J G Picton-Warlow and for the respondent, G F Scott. The solicitor for the appellant was Aboriginal Legal Service and for the respondent, State Crown Solicitor.

Q10) - Yes, page 144-145
- No
- No

Q11) Cur adv vult means that the court wishes to consider its decision privately before giving judgment.

Q12) From “By this one order” to “orders accordingly”.

Q13) An aboriginal man was convicted of three charges for driving a motor vehicle without a license over a relatively short period of time. On the third charge, he was steering the vehicle in the driving seat whilst it was being towed. He had pleaded guilty to each charge. He was convicted and sentenced to 1 year jail on each charge to be served cumulatively with a non-parole period of six months in each case cumulative.
Q14) a – Whether a motor vehicle is being towed and is not self-propelled is still considered a motor vehicle as defined by the Road Traffic Act
b – Whether a person is considered driving when sitting in the driver seat whilst the vehicle was being towed
c – Whether the sentence was excessive

Q15) a – A motor vehicle will be a motor...

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