Commerce Assessmentm - Hugo Gibietis

Civil Law Case – Don Dale Detainees
Four children were locked in their cells in the Behavioural Management Unit (BMU) at the
old Don Dale centre, and they got a hold of a key and tried to escape, they were then met by
gas that was sprayed into the area to overcome the detainee. Plaintiff "LO" offered to accept
$350,000, contingent upon a public apology and confirmation that children would no longer
be permitted to be placed in the Behavioural Management Unit (BMU) at Don Dale, Plaintiff
"KW" offered to accept $350,000, contingent upon a written apology for himself and his
mother, and a commitment by the NT Government to improve the rules or policies at Don
Dale, Plaintiff "EA" offered to accept $200,000, plus a public apology, Plaintiff "JB" offered
to accept $250,000 plus costs. The Defendant was the Behavioural Management Unit (BMU)/
Guards that were on Duty at the time. This case occurred on the 6th of November 2018 at the
Don Dale Youth Detention Centre. The Plaintiff is seeking Compensation and obviously to
be released from the Behavioural Management Unit and to stop the mistreating of Youth in
youth jails and detention centres. Another fact is that Don Dale Youth Detention Centre has
had a history of mistreating/torturing children.
Ben Slade, the Maurice Blackburn lawyer acting for the applicants, said he believed the
federal court was right to hear the case. Slade said the discrimination complaint, which his
firm lodged on behalf of the class action clients in December, would likely be referred to the
federal court, reinforcing the court’s jurisdiction over the matter. The arguments mirrored
those in the class action.
There were no Jurors in the trial. The 4 Boys ended up winning the civil lawsuit against the
NT Government over their mistreatment after the incident. Justice Judith Kelly awarded
$53,000 in total damages to the teenagers, three received $12,000 each, and one received
$17,000. The Judge came to the decision as Justice Kelly found while it was reasonable that
all four detainees were handcuffed in order to be transported to the adult prison, their hands
should not have been cuffed behind their backs. “In addition to handcuffing the plaintiffs
behind rather than in front, the defendant wrongfully applied shackles and a spit hood to each
plaintiff," Justice Kelly said. "I have no doubt that this would have caused the plaintiffs
considerable distress and humiliation, especially as youths being marched past adult
prisoners."
Media article (from a newspaper, magazine or news website) of your civil case
https://www.abc.net.au/news/2017-03-21/don-dale-teenagers-gassed-win-civil-lawsuit-
against-nt-govt/8373768
Hugo Gibietis
Criminal Law Case - R v Ward - Eli
A Sydney woman murdered a pedestrian for throwing cheese balls at her car. A 21-year-old
was with his brother Joel and friends, walking home from a night out in Sydney's north. The
Crown said Mr Westlake threw cheese balls at Ward as a joke after he saw her in a car with a
man. A jury was told that Ward had drunk two bottles of wine and had taken cannabis,
ecstasy and Valium before getting behind the wheel. The defence argued the 39-year-old did
not intend to kill Mr Westlake, but she was found guilty of murder in March, which was
obviously her running over Mr Westlake with her car. This case involved Mr Westlake and
Sarah May Ward. It occurred in the Early hours of June 7, 2008. The crime was committed
when she was aggravated by the victim throwing cheese balls at her car and wasn’t fully
conscious as she was drunk and had other drugs in her system, which resulted in her
“accidently” running over Mr Westlake. To add she hadn’t intended to kill Mr Westlake, just
to course series harm, however it is notable to add that Ward suffered from bipolar disorder,
but Justice Howie said her illness had in no way influenced her actions that night
As it was a Murder Trial the case went directly to the New South Wales Supreme Court. She
would plead guilty to manslaughter rather than murder due to the circumstances. Sarah Ward
argued that she was heavily intoxicated and barely in control of her actions.
Both sides presented their cases and the prosecution were able prove her guilt. Arguably she
was given a fair trial and sentence. The jury accepted that she was intoxicated and took that
into consideration when giving her sentence. She was sentenced to a term of imprisonment of
18 years and 9 months with a balance period of 6 years 3 months (25 years total). The Judge
had accepted that justice to the Westlake family was necessary and therefore giving her a 25-
year sentence, however the adversarial system ultimately reduced her sentence.
Media article (from a newspaper, magazine or news website) of your criminal case
https://www.abc.net.au/news/2010-04-22/cheeseball-murder-driver-jailed-for-18-
years/406336
Hugo Gibietis
Letter to Sydney Morning Herald Editor
Dear Lisa Davies
I believe that justice was served as Sarah May Ward had intention to inflict very serious
injury, meaning the risk of death was very high. Furthermore, the Victims family was given
justice by her Sentence of 25 years. Her remorse and regret indicated to the victims’ family
that she immediately regretted her actions. The legal system and adversarial system
ultimately reduced her sentence, however Justice Roderick Howie stated that Ward had been
the aggressor by using her car as a weapon. I believe the legal system provided a respectable
and fair trial in dealing with the case as many policies, procedures and the adversarial system
ultimately reduced her sentence. However, it was still important that the Judge postulated
justice to the Westlake family. The evidence of her actions were clear, and her mental health
was taken into consideration for the sentence. Her intoxication and drugs she had in her
system, also had an impact as the circumstances were unusual and she claimed she wasn’t
conscious in the actions of what she did that night. She will be able to appeal for parole in
March 2027.
Hugo Gibietis

Commerce Assessmentm - Hugo Gibietis

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Civil Law Case – Don Dale Detainees

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