Section Four: Case Reports

Introduction

The job of Judges, Community Magistrates and Justices of the Peace is to apply the law to the facts of the case they are dealing with.

This involves determining what the relevant law is (including identifying the elements of the offence that the prosecution must prove beyond reasonable doubt) and determining the facts of the case (including determining the truth of what really happened when the alleged offending occured).

This sounds straightforward. However, as discussed in section three of this module, the meaning of simple words such as ('careless', or 'disorderly') can be open to interpretation and the specific meaning of a word can determine whether a defendant's actions fall within the described offence.

Judges, Community Magistrates and Justices of the Peace are not required to engage in in-depth statutory interpretation exercises every time they apply the law. Previous courts have already considered the proper definition of many words, phrases and elements commonly found in legislation.

The meaning of a word or phrase as determined by a higher court is binding on a lower court ('the doctrine of precedent') which is why Justices need to be familiar with higher courts' findings. This is called the common law.

Reading

• Judicial JP Manual chapter 1, part 4, paragraphs 4.3 - 4.4
• NZ Legal System chapter 9