R V Heale Case Study

Improved Essays
Justice was balanced to the victims, the offender and society within the case R v Siale [2017] NSWSC. Justice was served for the victim as the offender received a lengthy sentence for the crime committed. The offender gained justice as he had a fair trial in the eyes of the court. Justice was also received for society as they maintain the safety of the community, but also the rehibition of the offender to become a better member of society.
Justice was served for each party. For the offender, he was given a fair trial. With unbias Jury who handed down a verdict to the judge. The judge handed a fair sentence, being doing so it would be less likely to re-offend, less likely to drink and become violent again. The offender also had a right to decide his plea, which was not guilty of murder. The offender was also supplied with a defence barrister, who pleaded the offender's cause of assault causing
…show more content…
Society has the right to have justice operating effectively, this means a fair trial with the defender and the victim's compensation. society member will sympathise with and support the rights of the victim. Society members have the rights to basic human rights to be protected. The Society also believes the offenders do too, this refers to a fair trial and treatment of the accused. The rules that evidence must be presented a balance the rights of society and the accused. Inadmissible evidence cannot be allowed for the fairness of the trial. If the evidence is incorrect, it could lead to an appeal, which will affect society rights of safety. The way the offender was treated can cause community concern and media outrage. This is significant to society as human rights haven't been met, but also the victim's rights to not have media coverage. In R v Siale, Siale was denied bail, this is because leaves the victims and society at

Related Documents

  • Superior Essays

    R. V. Hauser Case Study

    • 1686 Words
    • 7 Pages

    While studying the case R. v Hauser, it is clear to see why it is known to be one of the leading constitutional decisions in understanding the workings of Peace, order and good governments in relation to a power struggle of jurisdiction. The whole case surrounds the question on whether the Attorney General, or the Attorney General of Canada should have the power to control the prosecution under the Federal Narcotics Control Act. It is a battle for powers of jurisdiction in regards to the criminal code, and more so the Narcotics Control Act; (NCA), 1961. The Narcotics Act was once Canada’s national drug control statue prior to its repeal in 1996 where the Controlled Drugs and Substance Act took its place. The NCA upheld an international treaty which prohibited the production, and supply of specific drugs; normally narcotics, unless given a licence for specific…

    • 1686 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    R Vs Nixon Essay

    • 1091 Words
    • 5 Pages

    On one hand, the plea agreement should be revoked before it was allowing a woman who willingly got behind the wheel intoxicated and killed two people to get off on an atrociously light sentence leading to the administration of justice being brought into disrepute. However, once the Crown has given a plea sentence, it seems unfair to simply take it back. The Crown had already received approval for the bargain and informed the defence and the accused of the bargain they were to receive. Plea bargains in themselves are an issue, Flynn states that there is a link between public confidence and transparency in plea bargaining. Furthermore, it was found that plea agreements are generally frowned upon by the public because it appears to benefit the offender at the expense of the victim (Flynn, 133).…

    • 1091 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Edward Joyce Case Study

    • 591 Words
    • 3 Pages

    As a result charges under s61 of the Crimes (common assault prosecuted by indictment) Act 1900 were dropped, as she was not convinced beyond reasonable doubt that the defendant had broken this law. S418 of the Crimes (self defence when available) Act 1900 states “A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.” Magistrate Greenwood stated, “The self defence conduct performed was a reasonable response to the circumstance” The defendant pleaded not guilty and all charges were…

    • 591 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In the matter of Roper v. Simmons (2005), 17 year old Christopher Simmons and two accomplices had planned a murder in great detail and carried out the killing of victim Shirley Crook. In 1993, Simmons entered Crook’s home, robbed her, tied her up, and finally threw her off a bridge. The case had an overwhelming amount of evidence including a confession from Simmons, testimony from another accomplice in the planning of the murder, and a videotaped reenactment of the murder. At the age of 17, after a brief trial, Simmons was found guilty of the crimes and subsequently sentenced to death (Roper v. Simmons, n.d.). From prison, Simmons filed appeals to both state and federal courts, but with each, his sentence was upheld (Roper v. Simmons, n.d.).…

    • 382 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The assailant was charged of Assault with intent to commit a felony, sexual penetration when the victim intoxicated or Anesthetized, and sexual penetration of where the victim was unconscious during the act (3). His bail was set at $150000. Turner’s case lasted in court for the next year. In one of her letters, the young woman recalled what her trial was like.…

    • 1078 Words
    • 5 Pages
    Superior Essays
  • Decent Essays

    Crucible Pre-Reading Response Today's court cases completely go against the statement that Justice is best determined in a court of law. An example of how justice isn't always best determined in a court of law would be a white teenager who killed four people in a car accident, and was only on probation instead of receiving a criminal sentence. In 2013 Ethan Couch a 16 year old white male was conducting a vehicle while under the influence of alcohol ,in the process he crashed and killed four other people. His sentence was supposed to be a maximum of 20 years in prison for the charge of intoxication manslaughter, instead this teenager was given 10 years of probation. The jury made this decision because his parents hired a psychologist that was…

    • 487 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    n the case of “The Queen v. Dudley and Stephens” the purpose of the punishment given was in my belief a general deterrence. Simply meaning, that the punishment given to Thomas Dudley and Edwin Stephens may be seen by others and shows an association between the punishment and offense that may deter other individuals from committing the same offense even when the likelihood of the being caught is not known (Brody & Acker, 2015). Furthermore, it was mitigating circumstances that precipitated the murder of Richard Parker while lost at sea. Otherwise, no information was given to suggest that Thomas Dudley, Edwin Stephens, nor Brooks were criminals prior to this offense. Therefore,I do not believe that the deadly trio was a danger to society.…

    • 366 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Professor Ashworth proposes an ideal solution to the discrepancy of conduct under murder, and the often disproportionate sentence that accompanies it. He argues that the judge should have the same discretion to impose lesser sentences as he has for other crimes , because the current inflexibility of the murder sentence results in disproportionate sentencing and thus labelling. However, the objective of accurate classification is entirely within the public interest because offence labelling performs a function of social reinforcement , therefore the current law does not suffice for the needs of society. The scale of D’s mens rea is not currently taken into full consideration – it is merely a requirement that must be satisfied for culpability, regardless of its extent – therefore this societal desire cannot be fully achieved under the strict ‘two-category’ scheme of labelling.…

    • 1445 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Cooper in class final 1.What are the Miranda warnings and why are those provisions important? You have the right to remain silent, anything you say can and will be used against you in the court of law, you have the right to a lawyer, if you cannot afford a lawyer one will be given to you, do you understand the rights I have just read to you, with these rights in mind do you wish to speak to me. Those provisions are important because it protects a person's right not to self-accuse himself. That is why a suspect who is in possession by the police must be informed of his or her rights before any police questioning.…

    • 465 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Aegisthus

    • 1842 Words
    • 8 Pages

    Back home, one of my former classmates awaits his sentencing after recently being found guilty of capital murder. He has a calm temperament, a few friends and ability for genius endeavors. No one thought anything of him, until he killed a elderly man and attacked the man’s wife in the couple’s own home. He chose the house because it “felt right” and the day because the “weather was beautiful,” He came to school the next day and aced his chemistry test. The following day, police arrested him and found a hit list including one of my dance teammates, other fellow students and his adoptive parents.…

    • 1842 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    However, the definition of restorative justice points out what it is not retributive (Bull, 2009). Unlike the traditional criminal justice system, restorative justice seeks balance the needs of victims, wrongdoer and community through processes of creating positive relationships rather than punishment, and constructing a better society in the present and the future (Bazemore & Umbreit, 2001). Each Australian jurisdiction have differences objective for delivery of youth conferencing. The Australian Capital Territory legislation clearly focuses on restorative justice and responding to victims, while acknowledging the importance of strengthening families, other jurisdictions clearly focuses on accountability, procedural justice, rights of the child, responsibility, compensation and restitution. On the other hand, Northern Territory Act focus on ensuring the young offenders appropriate treatment, punishment and rehabilitation (Bull, 2009, p.189).…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    At the moment, the criminal justice system is based on retributive justice over restorative justice; this is where a lawbreaker receives punishment in proportion to the crime inflicted (Milovanovic, 2007) and is given back what they have given the victim: harm (Koneke, 2011). Restorative justice has been seen as a potentially transformative social practice that could see the end for the need for harsh criminal punishments and incarceration (Menkel-Meadow, 2007). This could change public debate about crime and justice completely because the idea behind crime and justice is beginning to move further away from the traditional, retributive system that we are so accustomed too, and towards a more liberal, restorative justice system that focuses on repairing the harm done by the…

    • 1145 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Fgc Model

    • 1588 Words
    • 7 Pages

    RJ has effectively found its way into processes dealing with youth. The Children, Young Persons and Their Families act 1989 is a landmark act that through the adoption of the family group conferencing (FGC) model has affectively integrated the current criminal justice system within New Zealand. FGC brings together the victim, offender, their families, members of the community and a facilitator. The police act as gatekeepers and are responsible for the divisionary actions taken such as to arrest, give warning or recommend FGC, of which 75% of young offenders are recommended by the police to FGC (Maxwell & Liu, 2007). FGC is based on Māori dispute resolution and can be both court mandated and directed by the police.…

    • 1588 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    Furthermore, the Home Office research showed a small positive effect on recidivism. Zernova (2007) also argues that restorative reforms could produce various benefits for victims, offenders, their communities and society in general. With all of these factors working in favour for the restorative justice system, it is clear to see how this may transform public debate over crime and justice: this new way of punishment not only sees the offender being punished for their crime but also allows for the victim to benefit from the outcome as…

    • 1522 Words
    • 7 Pages
    • 18 Works Cited
    Great Essays
  • Great Essays

    "The question of an appropriate sentence is one of the important aspects of criminal law. Critically discuss the various forms of punishment and how courts determine a sentence. Given the broader South African context, argue in favour of a restorative approach to sentencing, as opposed to a retributive approach." The approach to criminal law in South Africa has substantially changed with regards to the apartheid, and post-apartheid eras. This essay looks at the forms, enforcement and processes of sentencing and punishment in South Africa.…

    • 1339 Words
    • 6 Pages
    Great Essays