Summary offence

S.95(2) is a hybrid scheme, where the crown chooses the mode of prosecution. if the crown proceeds the case summarily, the maximum sentence is one year, but if the crown proceeds the case by indictment, the mandatory minimum sentence for a first offence is 3 years, thus creating a Two-year sentence gap. In this case, the crown chose to proceed by indictment. The defence believed the three year mandatory minimum sentence would be grossly disproportionate to what the accused deserved and it…

is another branch of law, Criminal law is part of the public law meaning it protects society from wrong doers. The laws made by parliament are outlines about the way people should act and what an individual should and shouldn’t do. The most common offences in criminal law is robbery,…

The credibility of a person is one of the most important factors to determine whether that person should or should not be allowed to take the stand in the courtroom. Being able to rely on the answers given by a witness or the accused is vital to lawyers or paralegals as those answers could be what helps their client be released from their charges. However, if a person becomes discredited while on the stand, then your client may not have a chance of being released. A person’s credibility must be…

Introduction In Queensland , there is a process in action that places offending prisons in a Magistrate Court to preside whether or not they shall be put into imprisonments or not. The Australian courts follow a system of diplomatic hierarchy. The Supreme court followed by the District court and then Magistrates court. But before the process of the court a police arrest may occur, this report provided by the police is used as evidence in the process of the hearing. Research Methods…

happenings on a day to day basis. I sought out our commitment to justice within Canada. According to the justice model, “…the essence of punishment should be to punish offenders with fairness and justice and in proportion to the gravity of their criminal offences” (p.296). Throughout our criminal justice system there are many methods, models and structures that keep track of our commitment to justice in Canada. In the course of this day there were many differed approaches to justice, such as the…

Teenage crime By Kaitlin, Gaurav and Gurwant What is a young offender? The definition of a young offender is a person who has been convicted, accused, or warned about an offence in which they have committed. To be classified as a young offender one must fit in the demographic of between ten and seventeen years of age. Young offenders can be male or female; however, males that fit the age groups, compared to females, are almost twice as likely to be convicted of a criminal offense. To be…

various methods of achieving just and fair outcomes in the Criminal Justice system. However, the court system is not the only route in sentencing offenders with less serious charges. Crime is defined as an action or omission which constitutes an offence and is punishable by law. On the other side of this is justice; the quality of being fair and reasonable. In this essay, I will be examining to how the court system fails to deliverer justice in particular cases and people’s circumstances, as…

(Derby: University of Derby, 2000). This reviews the historical background, describes the current religious diversity of Britain, and provides information on anti-discrimination legislation in the UK and a number of other countries. An ‘Executive Summary’ of the Interim Report was also published.) (Journal of Islamic…

On July 26 1983 three Americans were driving back from Canada to their homes in the State of Michigan. As the three individuals approached the International Bridge in Windsor, Ontario, another vehicle cut in front of them and forced them to stop. The driver and passenger of the vehicle got out of the vehicle and came over to the American’s car. The driver of the car punched one of the Americans while his passenger slashed all three with a knife. One victim had to be hospitalized because of the…

administered based on the number of offences, severity, and intent. Severity of the punishment will be determined on a mixture of the factors I mentioned previously, and points will range from 1-20, where if the offense is totaled in a particular tier, the student will face proper punishment. Tier 1 is 1-5, tier 2 is 6-10, tier 3 is 11-14, tier 4 is 15-17, and the tier 5 is 18-20. An example of this would be, if a has student has an assignment where they must provide a summary of their thoughts…