European Law Students Association Ireland Moot Court Competition 2016

Similar documents
IAN FLETCHER INTERNATIONAL INSOLVENCY LAW MOOT COURT COMPETITION AT THE SINGAPORE MANAGEMENT UNIVERSITY SINGAPORE MARCH 2019

QUT TORTS MOOT COMPETITION. Queensland University of Technology Law School RULES

DECISION AND REASONS

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE ESHUN. Between [H D] (ANONYMITY DIRECTION MADE) and

Roderick V. Streater v. State of Maryland, No. 717, September Term, 1997

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE KEKIĆ. Between GLEZIER PALMER-LUIS (ANONYMITY ORDER NOT MADE) and

WORKPLACE HARASSMENT NEWSLETTER SEPTEMBER 2007

IN THE COURT OF APPEAL BETWEEN AND

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CRAIG. Between MR ABDUL KADIR SAID. and. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT. Vincent Olebogang Magano and

COUNSEL FOR THE APPELLANT : Mr M.E SETUMU COUNSEL FOR RESPONDENT : ADV. NONTENJWA

Rajen Hanumunthadu v The state and the independent commission against corruption SCJ 288 Judgment delivered on 01 September 2010 This was an

IN THE COURT OF APPEAL OF BELIZE AD 2017 CRIMINAL APPEAL NO 5 OF 2014

HIGH COURT OF AUSTRALIA

Ezekiel Wafula v Republic [2005] eklr REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA

TBAP Multi-Academy Trust Wilful Damage. * Charging Policy

2016 Paralegal Cup Mooting Competition Guide TABLE OF CONTENTS

Before: THE HONOURABLE SIR STEPHEN STEWART MR GODWIN BUSUTTIL DR. ROSEMARY GILLESPIE

IN THE HIGH COURT OF SOUTH AFRICA (NORTH GAUTENG HIGH COURT)

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE DIVISION, GRAHAMSTOWN)

OFFICIAL LANGUAGES ACT 2003

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P : : : : : : : : :

Upper Tribunal (Immigration and Asylum Chamber) DA/00257/2014 THE IMMIGRATION ACTS

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE COKER. Between PUPINDER SINGH. And SECRETARY OF STATE FOR THE HOME DEPARTMENT

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

IN THE COURT OF APPEAL OF NEW ZEALAND THE QUEEN PETER CHARLES HALLMOND. Fisher J Potter J. W N Dollimore for appellant K Raftery for Crown

IMMIGRATION APPEAL TRIBUNAL. Before: Mr D K Allen (Chairman) Mr A Smith NEELOFUR LIAQUAT. and SECRETARY OF STATE FOR THE HOME DEPARTMENT

COURT OF APPEALS THIRD APPELLATE DISTRICT MARION COUNTY PLAINTIFF-APPELLEE CASE NO

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)

Mutua Mulundi v Republic [2005] eklr REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS

ASYLUM AND IMMIGRATION TRIBUNAL

THE IMMIGRATION ACT. Before DEPUTY UPPER TRIBUNAL JUDGE MCCLURE. Between NC (ANONYMITY DIRECTION MADE) And

IN THE COURT OF APPEAL. and THE DIRECTOR OF PUBLIC PROSECUTIONS. The Hon. Mr. Justice Michael Gordon, QC The Hon. Mr. Justice Denys Barrow, SC

THE IMMIGRATION ACTS. On 23 February 2015 On 18 March Before UPPER TRIBUNAL JUDGE LATTER. Between SECRETARY OF STATE FOR THE HOME DEPARTMENT

NOTE: PUBLICATION OF NAME OR IDENTIFYING PARTICULARS OF COMPLAINANT PROHIBITED BY S 139 OF THE CRIMINAL JUSTICE ACT 1985.

THE IMMIGRATION ACTS. Heard at Field House Decision and Reasons Promulgated On 4 January 2016 On 18 January Before

Heard at Field House ST (Corroboration Kasolo) Ethiopia [2004] UKIAT On 20 April 2004 Prepared 20 April 2004 IMMIGRATION APPEAL TRIBUNAL

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE RIMINGTON. Between [N R] (ANONYMITY DIRECTION NOT MADE) and

CASE NO. 1D Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG)

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 31 March 2016 On 19 April Before

Upper Tribunal (Immigration and Asylum Chamber) Appeal Numbers: IA/36145/2014 IA/36155/2014 IA/36157/2014 IA/36156/2014 THE IMMIGRATION ACTS

SUPREME COURT OF QUEENSLAND

BRIEF OF THE APPELLANT

Upper Tribunal (Immigration and Asylum Chamber) PA/02086/2017 THE IMMIGRATION ACTS

HARVARD LAW SCHOOL UPPER-LEVEL AMES MOOT COURT COMPETITION QUALIFYING ROUND RULES B OARD OF S TUDENT A DVISERS A DMINISTERED BY THE

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE DEANS. Between. and THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE WOODCRAFT. Between. MR SULEMAN MASIH (Anonymity order not made) and

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. LEKALE, J et DA ROCHA-BOLTNEY, AJ JUDGMENT

Upper Tribunal (Immigration and Asylum Chamber) IA/35017/2015 THE IMMIGRATION ACTS. On 10 January 2018 On 11 January Before

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: Michael Hogard, RPN Chairperson April Cheese, RPN Member Dennis Curry, RN Member

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE COKER. Between SECRETARY OF STATE FOR THE HOME DEPARTMENT. And SELIM MACASTENA

Upper Tribunal (Immigration and Asylum Chamber) EA/07000/2016 THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 26 May 2017

Re Suleiman DECISION AND REASONS

2016 JOHN BLACK Moot Court Competition

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 1996 ROBERT EUGENE CASE STATE OF MARYLAND

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 30, 2007

IN THE HIGH COURT OF JUSTICE BETWEEN AND

BENZILE McDONALD ZWANE B A I L A P P E A L J U D G M E N T. 1]The appellant applied for bail before the Magistrate, Port Elizabeth and his

RENDERED: AUGUST 30, 2002; 10:00 a.m. NOT TO BE PUBLISHED NO CA MR COMMONWEALTH OF KENTUCKY OPINION AFFIRMING ** ** ** ** **

Circuit Court for Somerset County Case No. 19-K UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 56. September Term, 2017

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL No.324 OF 2019 (Arising out of S.L.P.(Crl.) No.

In The Court of Appeals For The First District of Texas NO CR. BRUCE GLENN MILNER, Appellant. THE STATE OF TEXAS, Appellee

Alexander Blackman. In the Court Martial Appeal Court. Judgment. 21 st December 2016

DISCIPLINARY COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS REASONS FOR DECISION. Heard on: 23 October and 5 December 2014

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA

CASE NO. 1D Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

SECOND CONSULTATION ON FIT AND PROPER TEST. February 2006 CONSULTATION PAPER CP15 1

THE IMMIGRATION ACTS. On 29 May 2013 On 28 June Before UPPER TRIBUNAL JUDGE KING TD. Between MFA. and

For the appellant : Mrs. K. Simfukwe, Legal Aid Counsel Legal Aid Board

IN THE COURT OF APPEAL. and THE QUEEN

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 21 st September 2016 On 4 th October Before

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE CRAIG PROFESSOR N M HILL QC DEPUTY JUDGE OF THE UPPER TRIBUNAL. Between

IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 19 June 2017 On 29 June Before DEPUTY UPPER TRIBUNAL JUDGE CHANA

SUPREME COURT OF QUEENSLAND

THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE KOPIECZEK. Between. THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and

IN THE COURT OF APPEAL OF NEW ZEALAND CA305/2008 [2008] NZCA 415 THE QUEEN ALISTAIR MARK STUART LYON. Robertson, Cooper and Winkelmann JJ

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE M A HALL. Between N T (ANONYMITY ORDER MADE) and

THE IMMIGRATION ACTS. Before DEPUTY UPPER TRIBUNAL JUDGE JUSS. Between MR SYED FAIZAN ALI NAQVI (ANONYMITY DIRECTION NOT MADE) and

ADMISSIONS AND LICENSING COMMITTEE OF THE ASSOCIATION OF CHARTERED CERTIFIED ACCOUNTANTS. Heard on: Wednesday 28 January 2015

Upper Tribunal (Immigration and Asylum Chamber) Appeal Number: AA/04305/2013 THE IMMIGRATION ACTS. Promulgated On 16 June 2015 On 7 July 2015.

committing an offence of armed robbery contrary to section 287 (A) of the Penal Code, Cap. 16 of the Laws R.E He was sentenced to thirty

THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE A128585

Circuit Court for Anne Arundel County Case No. C-02-CR UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2017

THE IMMIGRATION ACTS. Heard at: Field House Determination Promulgated On: 18 December 2014 On: 13 August Before

HEARING HEARD IN PUBLIC

Samuel Sheppard Murder Trial Press Coverage - Introduction

THE IMMIGRATION ACTS. On 15 January 2016 On 25 January Before DEPUTY UPPER TRIBUNAL JUDGE SHERIDAN. Between

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE HIGH COURT, CAPE TOWN)

Christiaan Hendrik Muller. Sharon Gail Yerman DECISION

Page 1 THE OFFICIAL HAROLD G. FOX MOOT RULES. ( Academic Year)

IMMIGRATION APPEAL TRIBUNAL. Before : Mr C P Mather (Vice President) Mr R Baines JP Mr D R Bremmer JP. and SECRETARY OF STATE FOR THE HOME DEPARTMENT

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 7 th December, 2017 On 15 th January, Before

Guide to the Retirement Villages Bill 2015

MEMORANDUM FIRST YEAR MOOT COURT COMPETITION PARTICIPANTS FIRST YEAR MOOT COURT COMPETITION DIRECTORS, AUSTIN EGAN AND LUCAS NOVAES

Upper Tribunal (Immigration and Asylum Chamber) IA/02277/2014 THE IMMIGRATION ACTS. Promulgated On 2 September 2014 On 19 th January 2015.

THE IMMIGRATION ACTS. Heard at Field House Decision & Reasons Promulgated On 11 th February 2016 On 4 th April Before

Transcription:

European Law Students Association Ireland Moot Court Competition 2016 Information Technology Law Online Harassment March 12 th 1

Contents 1. Introduction...3 2. Competition Question...4 3. Competition Rules and guidelines...7 4. Teams...7 5. Appellant/ Respondent...7 6. Written Submissions...7 7. Oral Rounds...8 8. Marking Schemes...8 9. Semi-Finals...10 10. Timetable...10 2

Dear Student, It is my pleasure, as Vice-President for Moot Court Competitions of the European Law Students Association (ELSA) Ireland, to invite you to participate in the Inaugural ELSA Ireland Moot Court Competition on I.T. Law taking place on the 12 th day of March 2016 in the Four Courts, Dublin. ELSA is an international law students association run by students and young legal professionals for the benefit of students. ELSA was established by five law students from Austria, Hungary, Poland and West Germany founded ELSA in 1981. Today ELSA is the world s largest independent law students association and it is represented at nearly 300 law faculties in 43 countries across Europe with membership in excess of 40,000 law students and young legal professionals. ELSA-activities comprise of a large variety of academic and professional events and projects that are organised to fulfil the vision of ELSA and in order to provide our members opportunities to enhance their skills and to interact with each other. Furthermore, ELSA provides law students opportunities to develop their skills through our traineeship programme as well as through our publications. Finally, working in the ELSA Network prepares active members of ELSA for their professional life through international experience gained through the association. It is with this is mind that ELSA Ireland is hosting this Competition this year and I wish you the best of luck should you choose to participate. Yours Sincerely, Ruadhán O Riordan Vice-President for Moot Court Competitions 2015/2016 ELSA Ireland 3

COURT OF APPEAL Between: LOGAN PLISKO APPELLANT -and- DPP RESPONDENT COMPETITION PROBLEM QUESTION Facts of the Case Mr. Logan Plisko was working at a medium-sized financial services firm when he met his colleague Ms. Angela Thornton for the first time. They began dating but their relationship was tumultuous from the beginning. According to Ms. Thornton, Mr. Plisko had an intimidating temper and would often shout at her when angry. In an effort to avoid confrontation, Ms. Thornton SMS texted Mr. Plisko in order to break up with him. She signed off the SMS message stating that she had installed an app that would block him from texting or calling her. Following this SMS message, Mr. Plisko sent Ms. Thornton a private message through a social media account, calling her a lying witch and claiming that other men wouldn t stand for her crap and would make her pay for her behaviour. Ten minutes later, Mr. Plisko 4

sent Ms. Thornton a second private message, warning her that she d want to watch herself and that her life was about to go seriously downhill. At this point, Ms. Thornton blocked Mr. Plisko from all her social media accounts. Enraged, Mr. Plisko posted the following post on his own social media page referencing a violent song lyric. Several of Mr. Plisko s and Ms. Thornton s colleagues saw the status and one colleague took a screen shot and emailed it to Ms. Thornton, asking her whether everything was ok. Ms. Thornton was shocked and frightened by the message and called An Garda Síochána to report the incident. The Case at the Circuit Court Mr. Plisko was tried, under indictment, at the Circuit Court in April 2015. Mr. Plisko was prosecuted under Section 10 of the Non-Fatal Offences Against the Person Act, 1997 in relation to the emails he sent directly to Ms. Thornton. In addition, he was prosecuted under Section 5 of the Non-Fatal Offences Against the Person Act, 1997 in relation to the post on his own social media page. Conviction under Section 10 of the Non-Fatal Offences Against the Person Act, 1997 Counsel for Mr. Plisko had argued that Mr. Plisko was merely warning Ms. Thornton of how other men would treat her and that his messages could not be considered harassment. According to counsel for Mr. Plisko, the two private messages that he sent to Ms. Thornton did not constitute persistent communication without reasonable excuse. When addressing the jury, the judge reminded the jury members that the test for harassment was not whether Mr. Plisko intended to cause alarm to Ms. Thornton, but whether a reasonable person would realise that the private messages would seriously interfere with Ms. 5

Thornton s peace and privacy or cause alarm, distress or harm to Ms. Thornton. In his comments to the jury, the judge urged the jury: Try and put yourselves in the position of Ms. Thornton s mother and father and ask yourself whether Mr. Plisko s persistent messages would cause alarm Conviction under Sections 5 of the Non-Fatal Offences Against the Person Act, 1997 Mr. Plisko was also convicted under Sections 5 of the Non-Fatal Offences Against the Person Act, 1997. This conviction was made in regard to his social media post on his own social media profile. Counsel for Mr. Plisko argued that the post was not intended as a threat to kill or to cause serious harm to Ms. Thornton and that Mr. Plisko was merely venting his frustrations and exercising his right to free expression when he posted the comments on his own profile page. He had less than 200 connections who could see the post and according to Mr. Plisko s counsel, Mr. Plisko viewed his social media account as a safe place where he could communicate with his friends about his difficulties and reach out to his support network. Counsel for Mr. Plisko pointed out that Mr. Plisko knew that Ms. Thornton had blocked him from all social media at the time he posted the relevant status. After describing Mr. Plisko s social media post as both disgusting and distressing, the judge directed the jury on the meaning of Section 5 of Non-Fatal Offences Against the Person Act, 1997. The judge pointed out that the offence requires the threat to be made with the intention of making the subject of the threat to believe that the threat will be carried out. The judge pointed out that Mr. Plisko knew that he had many shared connections including colleagues with Ms. Thornton on social media and must have known that she would learn of his posts. The jury found Mr. Plisko to be guilty of offences under Section 5 and Section 10 of the Non- Fatal Offences Against the Person Act, 1997, and he was sentenced to seven years in prison. Counsel for Mr. Plisko appealed to the Court of Appeal, on the grounds that the judge had misdirected the jury and also on the grounds that the length of the sentence imposed by the Circuit Court was excessive. 6

Competition Rules and Guidelines Teams - Each team shall consist of two or three members. - The cost of registration will be 40 per ELSA Member and 50 per non-elsa Member. - Two team members will submit oral arguments during each round. Teams may alternate their Speakers for each round should they wish. Speakers may confer with their colleagues during the oral submissions. - All teams must be registered by 5pm sharp on the 14 th of February 2016. Appellant/Respondent - For the purposes of this competition the Appellant will always be Logan Plisko and the Respondent will always be The Director of Public Prosecutions (DPP). Written Submissions - Students working as a team are required to prepare: Written submissions on behalf of the Applicant, setting out the arguments which will be made on his behalf. Written submissions on behalf of the Respondent, setting out the arguments which will be made on his behalf Each written submission should be between a minimum of 1,500 words and a maximum of 2,000 words and should make reference to relevant case-law, legislation, constitutional provisions and other relevant legal sources. 7

- Written submissions must be sent to vpmoot@elsa-ireland.ie in MS or PDF format by 5pm sharp on the 5 th of March 2016. Late submissions will not be accepted and will result in zero marks for the written submissions. Oral Rounds - Each team will be given 10 minutes to read their opposition s written submissions at the start of each round. Having had 10 minutes to consider the opposition s arguments the oral submissions will commence. - During the Oral Rounds each team member will be given a maximum of 7 minutes to present their oral arguments. There will also be 3 minutes for each team member to submit their rebuttal. - The order of the oral submissions in each round shall be as follows; Team X (Appellant): Member 1 Team X (Appellant): Member 2 Team Y (Respondent): Member 1 Team Y (Respondent): Member 2 Team X (Appellant): Member 1 Rebuttal Team X (Appellant): Member 2 Rebuttal Team Y (Respondent): Member 1 Rebuttal Team Y (Respondent): Member 2 Rebuttal Marking Scheme - Written Submissions; - Each written submission will be given a mark out of 50. - The marking scheme is as follows; Command of the issues, including application of relevant law to the facts of the Competition Question (30), Structure and clarity of the submission (20). - Preliminary Round Oral Submissions; 8

- Each individual speaker will be given a mark out of 100 for each oral presentation including their rebuttal. - The marking scheme is as follows; Command of the issues, including application of relevant law to the facts (30) Persuasiveness (30) Ability to answer questions/ respond to points made (20) Structure and Clarity (10) Courtroom Manner (10) - Scoring will not reflect the merits of the facts of the case but only on the quality and force of legal arguments. - The team mark per Preliminary Round will be based on each of the individual team members marks for their oral presentations (and will be out of a total of 200 marks). - Post Preliminary Overall Marks; - The team s final overall mark after the Preliminary Rounds have been completed (out of a total of 500 marks) will be based on the addition of the marks earned from the written submissions (out of a total of 100 marks) and each of the individual team member s oral submissions from each of the Preliminary Rounds (out of a total 400 marks). - The 4 teams with the highest overall marks will progress to the Semi-Finals. - In the event of a tie for a position in the Semi-Finals, the team with the higher marks for their written submissions will progress to the Final. If it remains a tie after the marks for the written submission 9

marks have been compared, then the team who received the higher marks for their oral submissions in the first Preliminary Round will progress to the Final. Semi-Finals; - Each team competing in the Semi- Finals will be assigned their opposition randomly. - The Judge/Judges of the Semi-Finals will decide which teams progress to the Final. There will be no marks awarded for submissions during these rounds. Timetable Registration 9:45-10:00 Welcome 10:00 10:15 1 st Round 10:15 11:30 Break 11:30 11:45 2 nd Round 11:45 13:00 Lunch 13:00 14:00 Semi-Finals 14:00 16:00 Final 16:00 18:00 Prize giving 18:00 onwards 10

11