Balancing Rights of Victim

Topics: Law, Common law, Civil law Pages: 1 (742 words) Published: June 24, 2013
Legal Essay
The legal system does not effectively balance the rights of the victims, offenders and society. Areas of the legal system failing to provide a satisfactory amount of rights to the victim, then fails to provide equal rights to the offender and society and this creates the unbalancing of rights among these categories. The legal system reflects the ideals of society’s expectations and values and therefore when these expectations are fragmented they are remedied through law reform. Certain cases can be absent of law reform being created. R v BW & SW (no3) [2009] NSWSC 1043 shows the unbalancing of the rights of the victim and society and the absence of law reform. Rights of the victim are not always protected by the legal system. R v BW & SW (no3) [2009] NSWSC 1043 , indicates the failure of the legal system protecting the rights of the victim. DOCS had been informed and about the R v BW & SW (n03) [2009] NSWSC 1043 case and had made appeals to the children’s court to have the case cited under the, The Neglected Children and Juvenile Offenders Act 1905 but the case was on no occasion received .The victim in R v BW & SW (no3) NSWSC 1043 case was merely forgotten and disregarded by the system. The Department of community services (DOCS) assessed the state of affairs and labelled situation ‘high’ risk however there was disinterest. DOCS child protection system statement about the case was cited under the FREEDOM OF INFORMATION ACT 1982 and revealed faults in DOCS protection systems that failed to protect the rights of the child (victim). DOCS showed systematic failure in being able to provide adequate protection for the victim. Key steps of the DOCS child protection system were abandoned and concluded that the R v BW & SW (no3) [2009] NSWSC 1043 case led internal and external reviews within the DOCS systems. Reviews in the DOCS system led to report a series of recommendations to address the inadequacies that faulted the system....

Cited: R v Merritt [2004] NSWCCA 19; 59 NSWLR 557 ,shows that the circumstance where the evidence or reprisal, reprimand and community protection may be insufficient or inapplicable. The ramifications of this case led to extensive media coverage and reviews within the DOCS internal and external systems. Furthermore the
R v BW & SW (no3) [2009] NSWSC 1043 shows that the balancing of the rights of society are met through law reform and the legal system
In conclusion the balancing of rights of the victim , offender and society remain unbalanced. The legal system will always reflect society’s values and expectations and there will be the constant need for law reform. The balancing rights of the victim , offender and society are not always present in particular cases and cases may often be absent of law reform.
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