R v Kina - Week 4 - r v kina homework PDF

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R v Kina Questions - Week 4 1. What was the basis of Kina’s argument in this ‘appeal’? Kina’s argument for an appeal was that a miscarriage of justice occurred in her initial trial because all evidence was not presented to the jury. She pleaded provocation but because she was unable to provide evidence to the jury, the jury was unable to grant provocation as a defence for the crime. Thus, she was found guilty of the crime. Kina experienced a great miscarriage of justice and this was the basis of her appeal. 2. What factors lead to the communication problems she faced? One of the factors that lead to communication issues was her Aboriginal background, Indigenous people have a more conservative culture and also have a different form of communicating. She may have also felt embarrassed and thus less likely to share, specifically about sexual acts that occurred she may have felt extremely shameful. It could also be due to previous aboriginal policies and the discrimination experienced by Aboriginal people. 3. To what extent do you think that Robyn Kina’s experience was just a more extreme example of problems of communication and control that legal clients regularly face? This case was a more extreme example of a case that shows poor communication. The lawyers did not communicate properly with Kina which ultimately led to significant injustice, the lawyers had a lack of care and did not adapt to her traditional communication style. 4. What did it take for Kina’s story to eventually come out? Two documentaries were filmed which released her story to the public. She was interviewed and her true background story was revealed. 5. How might Aboriginal English differ from forms of English that most lawyers use? Some key differences between Aboriginal English and other forms of English include; grammar, style, word meaning, usage and formalities of the language. Additionally, in Aboriginal culture eye contact can be regarded as disrespectful in some circumstances, whereas other cultures find it polite to use eye contact. Aboriginal English may also have different uses for different words.

6. What might the lawyers have been able to do to improve their communication with Robyn Kina earlier in the case? At the onset of the case the lawyers could have employed the services of someone who understands the Aboriginal culture and language so they can properly and respectfully communicate to Kina and make her feel comfortable. Question and answer interviews are not part of traditional Aboriginal culture. The lawyers could have also been much more empathetic towards her, they did not even assist in helping with her depression. Additionally, the lawyers did not pass on her original statements, demonstrating their lack of care. 7. Given a lawyer’s incompetent communication in a case like the Kina Case, what legal remedies might be available to a client to rectify the situation? What other action might the client take? The client could file a complaint to the Office of the Legal Services Commissioner so they could further investigate the matter, they may be found guilty of professional misconduct as the lawyer was negligent in their duties. However, this process can be expensive. 8. Does a lawyer’s incompetence in communicating with a client (or general incompetence) give a client a right to appeal against the decision in the case in which the lawyer represented him or her? A lawyer's incompetence does give grounds to appeal in certain circumstances, however, a miscarriage of justice because of this incompetence must be found for the client to appeal. 9. The judges in the Kina case were at pains to say they did not hold the lawyers responsible for the injustice that occurred. What do you think? Should a lawyer be subject to discipline for completely failing to communicate effectively with his or her client? I believe the lawyers should be held accountable for their lack of care and incompetence as there were many issues raised that were not even addressed by the legal representatives. However, perhaps they did not have the correct training or knowledge on how to approach interviewing Kina....