Indictable offence

Such as a result this downward classification has led to a flooding of the local courts with 104,982 cases dealt with in the local courts as apposed to the higher courts, which handled 3,975 in 2013. This downward shift towards the local court system has led to the significant expansion of powers of the magistrate but also a reduction in the once indictable offence penalties. O’Malley blames this revaluation of the legal processes on the grounds economic efficiency and time restrictions. This constant pressure on the local court system was extremely apparent during my observations with a significant number of cases being scheduled to begin at 9.30 am and in the same courtroom. Mack and Anleu who also noted this conveyer belt like operations of the local court, found that often cases put before a magistrate only lasted for between 15 seconds to 15 minutes. I also noted this phenomenon with my first case in the local court only lasting for a mere matter of seconds, so quick that I managed to miss everything that was said. This notion only adds weight to McBarnet’s theory, with the lower courts…

Should young offenders who commit indictable offences be tried as adults and give up their rights to be tried under The Youth Criminal Justice Act? We all know right from wrong, we all know not to make stupid decisions but adolescents do not think before they act they commit crimes and become young indictable offenders standing trial, but should these offenders be treated as adults and give up their right to be tried under the Youth Criminal Justice Act. All young offenders who commit indictable…

In 2014 the LNP Government introduced the Youth Justice and Other Legislations Amendment Act which made changes to the legislation surrounding juveniles aged between 10 and 16 years of age. These new amendments have been changed to improve juvenile justice and created a fairer option for minors. The Youth Justice and Other Legislation Amendment Act 2014 states that the Children’s Court is an open court when reoffenders are admitted. (Department of Justice and Attorney General, 2014) This act…

Question 8 Under the heading of offences involving criminal negligence, and section 220 stating that, “every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable”, the case of F.J. (2008) set how the section should be applied. In the case, the accused failed to act and prove the necessaires of life to this foster son by not protecting him from the abuse the son suffered from the spouse; nevertheless, the accused was acquitted of charges.…

For instance, self-report surveys question members of the public whether they have committed an illegal act. Some of the strengths include that it’s useful to uncover petty crime that few people may engage in from time to time such as speeding or minor thefts. However, the self-report surveys have a range of weaknesses that include respondents becoming unreliable and tend to lie by ascertaining offences, which they may have never committed. Also, offenders who are truly culprit of committing an…

1999). The second type of offence is based on a group selection model (also referred to as the discriminatory selection model). Under these offences the offender need only ‘select’ his/her victim from a particular protected group. The second type of offence is based on a ‘group selection’ model (also referred to as the discriminatory selection model). Under these offences the offender need only ‘select’ his/hers victim from a particular protected group. Proof of prejudice, bias, hostility, or…

Furthermore Status is a label that is best to describe someone by the action that they commit. People want always want themselves to have a great status such as wealth where as some others come unfortunate and have the status of gay and lesbian which as the republic of Gilead does not accept and also many societies today. The types of statuses include having a superior religion, Being LGBT and finally jobs that women had. Religion is a very important factor in the society of Gilead, they respect…

For the offence of wounding, it can be under Section 20 OAPA 1861 or Section 18 OAPA 1861. In Section 20, according to the legislation of UK government, it states “Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument, shall be guilty of an offence or shall be liable… to imprisonment for not more than 5 years.“ Whilst for Section 18, according to the UK government, it provides “Whosever shall…

(2) In a prosecution for an offence under subsection (1), it is not necessary for the prosecutor to prove that (a) the criminal organization actually facilitated or committed an indictable offence; (b) the participation or contribution of the accused actually enhanced the ability of the criminal organization to facilitate or commit an indictable offence; (c) the accused knew the specific nature of any indictable offence that may have been facilitated or committed by the criminal…

Certain offences are restricted under one jurisdiction and this is called the absolute jurisdiction. For these offences, the accused does not get an election. The mode of trial in provincial court is judge alone and in superior court, it is either judge alone or judge and jury. The accused has an election if charged with either an indictable offence that does not fall under CCC sections 469 or 553 or a hybrid offence where the Crown proceeds by indictment. The judge reads section 536(2) and puts…