B. Possible Defences
Intoxication
Defence of intoxication refers to the defendant being “under the influence of alcohol, drugs or other substances that they did not know what they were doing or the full extent of their actions”. Despite the fact that the drugs were self induced, it was taken under the pressure of the co-offenders.
At the time of the incident, Akon was under the influence of ice as an inexperienced user. His defence argued that there was no way that he, as a second time user would be able to know how the drug would affect him, with a strong belief that if he hadn’t taken it, he would not have involved himself in any criminal proceedings. This was only a partial defence as it was self induced, however a number of other …show more content…
Figure 6
In contrast to this, Singapore a country with a similar population to Victoria has a significantly lower crime and armed robbery rate. In 2016, Victoria had over 28,000 crimes against persons, however Singapore has only 4,354 cases. Robbery in particular had only 96 cases in 2016, compare to 3210 in Victoria in the same time period. Between 2016 and 2017 crimes against the person increased by 4.0% in Singapore from 4354 to 4527. In Victoria rate only increased from 3210 to 3275, around 2%.
Punishment for robbery in Singapore is higher if committed in a group, when armed or between 7pm and 7am. Typical sense for robbery is 2-10 years with a minimum of six strokes of the cane. If committed between 7pm-7am is usually between 3-14 year with minimum 12 strokes of the cane. For armed robbery cases an extra 12 strokes are added on top of normal sentence. Whereas in Victoria, armed robbery has a maximum sentence of 25 years with a median sentence of 2.5 years, these are often served alongside Youth Detention or Community Corrections …show more content…
It is common knowledge that the action of armed robbery is illegal and this law has remained stable since development of Crime Act in 1958. Its easily enforceable, particular when members of the public step in and with the aid of CCTV systems, victim and witness statements which provide evidence of the offenders involvement, like in Akon’s case. The affect of armed robbery of society, victims and the offenders are significant, triggering a number of mental health issues. Crimes like this can cause unnecessary fear, stereotypes and racial prejudice, particularly when the offenders are negatively portrayed in the media. Despite the negative impacts, by enforcing the law, offenders are given the opportunity for rehabilitation and deter further criminal offences.
Overall, this law was effective in achieving justice and social cohesion by recognising the rights of the victims, the offenders responsibility for his action, whilst aiming to improve the wellbeing of the Akon Mawien to work towards rehabilitation and deterrence. The actions imposed was fair and reasonable towards Akon’s personal situation, whilst serving justice for the victims through the punishment of other, more involved
Intoxication
Defence of intoxication refers to the defendant being “under the influence of alcohol, drugs or other substances that they did not know what they were doing or the full extent of their actions”. Despite the fact that the drugs were self induced, it was taken under the pressure of the co-offenders.
At the time of the incident, Akon was under the influence of ice as an inexperienced user. His defence argued that there was no way that he, as a second time user would be able to know how the drug would affect him, with a strong belief that if he hadn’t taken it, he would not have involved himself in any criminal proceedings. This was only a partial defence as it was self induced, however a number of other …show more content…
Figure 6
In contrast to this, Singapore a country with a similar population to Victoria has a significantly lower crime and armed robbery rate. In 2016, Victoria had over 28,000 crimes against persons, however Singapore has only 4,354 cases. Robbery in particular had only 96 cases in 2016, compare to 3210 in Victoria in the same time period. Between 2016 and 2017 crimes against the person increased by 4.0% in Singapore from 4354 to 4527. In Victoria rate only increased from 3210 to 3275, around 2%.
Punishment for robbery in Singapore is higher if committed in a group, when armed or between 7pm and 7am. Typical sense for robbery is 2-10 years with a minimum of six strokes of the cane. If committed between 7pm-7am is usually between 3-14 year with minimum 12 strokes of the cane. For armed robbery cases an extra 12 strokes are added on top of normal sentence. Whereas in Victoria, armed robbery has a maximum sentence of 25 years with a median sentence of 2.5 years, these are often served alongside Youth Detention or Community Corrections …show more content…
It is common knowledge that the action of armed robbery is illegal and this law has remained stable since development of Crime Act in 1958. Its easily enforceable, particular when members of the public step in and with the aid of CCTV systems, victim and witness statements which provide evidence of the offenders involvement, like in Akon’s case. The affect of armed robbery of society, victims and the offenders are significant, triggering a number of mental health issues. Crimes like this can cause unnecessary fear, stereotypes and racial prejudice, particularly when the offenders are negatively portrayed in the media. Despite the negative impacts, by enforcing the law, offenders are given the opportunity for rehabilitation and deter further criminal offences.
Overall, this law was effective in achieving justice and social cohesion by recognising the rights of the victims, the offenders responsibility for his action, whilst aiming to improve the wellbeing of the Akon Mawien to work towards rehabilitation and deterrence. The actions imposed was fair and reasonable towards Akon’s personal situation, whilst serving justice for the victims through the punishment of other, more involved