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 offences should NOT be tried as adults and give up their rights to be tried under the Youth Criminal Justice Act. Young offenders who commit indictable offenses should not have their right to be tried under the Youth Criminal Justice Act taken away…
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…
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…
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…
observing criminal proceeding in the local, district and supreme courts, the intricate workings of the legal system within Australia became extremely apparent. It became clear during my time in court that the administration, process and practices of each court varied extremely depending on which level you were observing at the time. Similarly during such time spent in court, the distinctions between both summary proceeding and trail upon indictment became clear and could be seen to somewhat…
Arguments & Authorities The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex.…
If this test was to be used, I believe that we would likely win under summary judgment. Then there is the Legislative body of law. This body is typically more favorable to the government because of their long standing tradition. It’s a more historical approach, while looking how history has opened such meetings with prayer. “Practice of opening sessions with prayer has continued without interruption ever since that early session of congress” and has “been followed consistently in most of the…
COMES NOW, Cromwell Fountain II Condominium Inc., by and through undersigned counsel, and hereby files this motion to stay proceedings with regard to its pending declaratory judgment action; and plaintiff’s opposition to defendant’s expedited motion to extend time to respond to plaintiff’s motion for summary judgment and motion to modify scheduling order, and in support thereof, states as follows: I. Plaintiff’s Motion to Stay Proceedings with Regard to Its Pending Declaratory Judgment Action.…
WGC is entitled to summary judgment since there is no genuine dispute of fact concerning the existence of a valid warranty The court should grant summary judgment in favor of the defendant, WGC. Per Federal Rule of Civil Procedure 56(e) the non-moving party must show a dispute regarding a genuine issue of material fact to withstand a motion for summary judgment. See Anderson, 477 U.S. 242. A genuine issue of material fact exists where a reasonable jury could find for the non-moving party based…